D. SURAJ KUMAR Vs. PNB HOUSING FINANCE LTD.

JUDGEMENT

(1.) The appellants impugns the order dtd. 6/7/2022 whereby the objections filed by the appellants under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) have been dismissed solely on the ground of limitation. Subject award was passed on 28/4/2018. As per the appellants, copy of the award was received on 27/11/2018 and subject objections have been filed on 13/6/2019 after 197 days i.e., much beyond the period of 120 days which is the maximum extendable period in terms of the Sec. 34 sub-sec. 3 of the Act.

(2.) The question that then arises for consideration is as to whether the Courts have the power to condone the delay beyond the period of 90 days and the extendable period of 30 days even for sufficient cause

(3.) The Supreme Court in the case of Simplex Infrastructures Ltd. V. Union of India (2019) 2 SCC 455 has held that an application for setting aside the award could be made within 3 months and the period can only be extended for a period of 30 days on sufficient cause being shown and not thereafter. The Supreme Court has held that the timelines are strict timelines and the delay beyond the extendable period of 30 days cannot be condoned.