UNION OF INDIA Vs. ABDUL HAKIM

JUDGEMENT

(1.) A short question involved in this appeal is whether the learned Judge of the Court below was right in refusing the prayer for condonation of delay in filing the application for setting aside of the award beyond the statutory period of 90 days.

(2.) Before going into the factual matrix in detail few dates are relevant which are quoted as follows: <FRM>JUDGEMENT_233_WBLR3_2010_1.html</FRM>

(3.) From the above list of dates we find that the application for setting aside was filed on the 112th days since the receipt of the copy of the award from the Arbitrator meaning thereby, there had been delay of 22 days. If we consider Section 34(3) of the Arbitration and Conciliation Act, 1996 we would find that the Court can, on sufficient cause, condone the delay up to the period of 30 days meaning thereby if an application is made beyond (90 + 30) : 120 days the Court has no power. In the instant case the Court calculated the period and came to the ultimate conclusion that the application was filed on 122nd day. Hence it was beyond 30 days after expiry of the statutory period and as such the Court had no power. If the calculation made by the Court was correct the decision could not be interfered. We, however, wish to approach the problem in a different way.