SUKUMAR CHAND JAIN Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The question that falls for determination in these cases being similar, I took up all these matters together and heard the counsel appearing for the parties. I now proceed to dispose of the same by this common judgment and order.

(2.) The point that arises for determination in these cases is whether these proceedings are governed under the Arbitration Act of 1940 or the Arbitration and Conciliation Act of 1996. The respondent authority in all these suits have filed their objections against the Award passed by the Arbitrator under Sections 30 & 33 of the Arbitration Act of 1940 whereas according to the petitioners the objections/petitions, if any, should have been filed only under the provisions of Section 34 of the Arbitration and Conciliation Act of 1996. The awards in all these three cases were passed after coming into force of the Arbitration and Conciliation Act, 1996.

(3.) Under the provisions of the said Section 34 of the Act, the period of limitation for filing a petition/application under Section 34 of the Arbitration and Conciliation Act, 1996 praying for setting aside the Arbitration Award on any of the grounds mentioned therein is three months. However, if there be sufficient cause for not filing the said petition/application under Section 34 within a period of three months as stated under the said provision, the application could be entertained by the Court within a further period of thirty days but not thereafter.