SHRI RAJINDER KUMAR (EX-BUS-SAHAYAK) SON OF LATE SH. JAI SINGH, RESIDENT OF VILLAGE AND POST OFFICE, RAJPURA, TEHSIL AND DISTRICT CHAMBA, H.P. Vs. THE HIMACHAL ROAD TRANSPORT CORPORATION, THROUGH ITS MANAGING DIRECTOR, MAIN BUS STAND, SHIMLA,

JUDGEMENT

(1.) THE award is dated 18.10.2010. The application under Section 5 of the Limitation Act has been filed for condonation of delay of 324 days.

(2.) The proviso to sub section 3 of Section 34 of the Arbitration and Conciliation Act, 1996 provides that if the Court is satisfied that the applicant was prevented by sufficient cause from making the application within the said period of three months it may entertain the application within a further period of thirty days, but not thereafter. In the present case admittedly the delay as per the petitioner is of 324 days which cannot be condoned in view of proviso to sub section 3 of Section 34 of the Act. Hence, the application is dismissed and Arbitration Case No. 99 of 2011 is accordingly disposed of.