S L BUILDERS Vs. UNION OF INDIA

JUDGEMENT

(1.) Objections under Section 34 of the Arbitration and Conciliation Act, 1996 ( hereinafter referred to as the 'Act' only) are directed against the Award dated 1.12.2000.. The I.A. No.1233/02 is an application under Section 34(3) of the Act read with Section 5 of the Limitation Act for condonation of delay in the filing of the objections and Suit N0.35-A/2000 is an application under Section 14 and 15 and 17 of the Arbitration Act, 1940 for directing the Arbitrator to file the Award and for correction of an arithmetical error in the Award with regard to claims No.9 and 11 or in the alternative an order remitting the Award to the Arbitration for correction.OMP.No.167/2002 raises objections under Section 34 of the Act against the impugned Award dated 1.12.2000.

(2.) I have heard learned -counsel for the parties. I have gone through the records.

(3.) The petitioner's objections under Section 34 of theAct against theAward are admittedly beyond limitation as there is a delay of 406 days in filing the objection petition. The ground raised for condoning the delay is that the Award though received in the office of the Objector on 20th December, 2000 had to be examined at various levels in the Departments of the Objector and required engagement of a Counsel through Ministry of Law and hence delay. In a recent judgement pronounced by the Apex Court in Union of India Vs.M/s Popular Construction Co. reported in JT 2001 (8) SC 271, it has been held that Section 5 of the Limitation Act does not apply and the period prescribed under Section 34 of the Act for filing objections has to be strictly adhered to. In view of this Judgement of the Apex Court the objections could be filedonly within the period prescribed under Section 34 ofthe Act andnot thereafter. Recourse to Section 5 of the Limitation Act is totally forbidden.Thus the application of the Objectorfor condonation ofdelay in filing the objections is not maintainable.