RELIABLE FILLING STATION Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appellants filed an application under Section 5 of the Limitation Act to condone the delay in filing the objections under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside the arbitral award. Learned District Judge, Haridwar, by the judgment and order under challenge held that Section 5 of the Limitation Act has no application to the Arbitration and Conciliation Act, 1996.

(2.) IT was held by Hon'ble Supreme Court in Union of India vs Popular Construction Co., 2001 8 SCC 470, that the time limit prescribed under Section 34 of the Arbitration and Conciliation Act, 1996 (here -in -after referred to as 'the Act') to challenge an award is absolute and cannot be extended under Section 5 of the Limitation Act.

(3.) IT will be worthwhile to reproduce here -in -below the observations made by Hon'ble Apex Court in paragraphs nos. 14 and 16 of the aforesaid judgment. The same read as under: