(1.) Questions of some interest have cropped up in the facts of the case which are briefly noted below.
(2.) For setting aside an award dated 12th September 2000, this application under section 34 of Arbitration and Conciliation Act, 1996 [hereinafter called ACA 96] was filed by Union of India on 6th February 2001. The award was passed by an Arbitral Tribunal consisting of three members. It is not in dispute that all the three arbitrators have given a unanimous award. The arbitrators were appointed by the General Manager, South Eastern Railway under order of this Court and they were (1) Rajat Mitra, Ex-D.R.M., Kharagpur, S.E. Railway, presently working as C.T.E., E.R. Calcutta, (2) Sibaji Rakshit, Ex.F.A.& C.a.O./HQ. S.E. Railway, Calcutta, presently working as F.A. & C.A.O. CLW/CRJ and (3) Sri A.K. Patnaik, CPTM/SER, Calcutta. Admittedly, the said award was served on the petitioner on 18th September, 2000. Three months time from 18th September 2000 expired on 17th December 2000. 30 days period from 17th December 2000 expired on 16th January 2001 and admittedly the application for setting aside was filed on 6th February 2001 which is after a delay of 20 days.
(3.) Now the question is whether this Court in view of the provisions of ACA 96 can condone the delay of 20 days in the filing of this application for setting aside the award.