(1.) The applicant-State has preferred objections under Section 34 of the Arbitration and Conciliation Act , 1996 against the award dated 8.12.2018 passed by learned Arbitrator. The objections so preferred were beyond the period of limitation prescribed under the Act, hence, the OMP(M) No.34/2019 was moved seeking condonation of delay in filing the objection petition. OMP(M) No.457/2019 has been moved for condoning the delay in re-filing the objection petition after removing the defects pointed out by the Registry.
(2.) The award was passed by the learned Arbitrator on 08.12.2018. It is not in dispute that duly signed copy of this award was supplied by the learned Arbitrator to Sh. B.C. Negi, the Executive Engineer, Chenab Valley Division, HPPWD, representing the applicants on 08.12.2018 itself. 2(i) Section 34(3) of the Arbitration and Conciliation Act , 1996 permits filing objection for setting aside the award within 3 months from the date on which the party receives the arbitral award. In case, the Court is satisfied that award could not be challenged within the stipulated period of three months for sufficient cause shown, then the limitation can be extended for a further period of 30 days but not thereafter. Section 34(3) is extracted hereinafter:-
(3.) Section 34(3) of the Act ibid provides for filing objections for setting aside arbitral award. Such objection petition can be made within 3 months from the date of receipt of signed copy of the arbitral award. For cogent and sufficient reasons, this period can be further extended only by 30 days. 3(i) Hon'ble Apex Court in (2012) 9 SCC 496 titled as Benarsi Krishna Committee and others vs. Karmyogi Shelters Private Ltd ., held that the limitation will start after the party itself receives the signed copy of the award. The relevant para from the judgment is extracted hereinafter:-