UNION OF INDIA Vs. TENZING CONSTRUCTION

JUDGEMENT

(1.) Heard Mr. H. Gupta, learned counsel appearing for the appellant as well as Mr. U. K. Nair, learned senior counsel representing the respondent.

(2.) This is an appeal under Sec. 37 of the Arbitration and Conciliation Act, 1996 (Amendment) Act, 2015.

(3.) The arbitral award was passed on 2/5/2018. The statutory time limit for filing appeal against the award had expired and the appeal was filed on 1/9/2018. The learned trial court held that the appellant could not show proper and cogent reasons for not preferring the appeal within time stipulated by law. Therefore, the court below held that the prayer of the appellant under Sec. 34 (3) Arbitration and Conciliation Act, 1996 (Amendment) Act, 2015 to entertain the appeal under Sec. 34 of the said Act is not maintainable. The Court below dismissed the appeal on that ground.