UNION OF INDIA Vs. SANJAY COAL COMPANY

JUDGEMENT

(1.) This is an appeal by the Railways, under Sec. 37 of the Arbitration and Conciliation Act, 1996. It is against a judgment and order dtd. 24/8/2023 made by the learned Commercial Court at Asansol. It was under Sec. 34 of the said Act for setting aside an arbitral award dtd. 21/6/2014 made by a sole arbitrator. The application was dismissed, without the court going into the merits of the matter. The learned judge held that the application was barred by the laws of limitation.

(2.) Sec. 34(3) of the said Act provides that an application to set aside an arbitral award has to be made by the applicant within 90 days of receipt of the award. The court has the power to extend the time for a further period of 30 days if sufficient cause is shown to it, but not thereafter.

(3.) It is now settled law that any delay beyond 120 days from the date of receipt of the award is not condonable by the court. As the proviso to Sec. 34(3) prescribes a special period of limitation under Sec. 29 of the Limitation Act, 1963 [See Union of India vs. Popular Construction Company, (2001) 8 SCC 470 also see Simplex Infrastructure Limited vs. Union of India, (2019) 2 SCC 455.