CHANDESHWAR KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ajay Kumar Singh learned counsel for the petitioner as well as Mr. P.K. Shahi, learned Advocate General for respondent 2nd set/respondent no.3.

(2.) The instant petition has been filed by the defendant/petitioner under Article 227 of the Constitution of India for quashing the order dtd. 21/12/2023 passed by the learned District Judge, Gaya in Civil Miscellaneous (Arbitration) Case No. 139 of 2023 whereby and whereunder the learned District Judge, Gaya admitted the said miscellaneous case.

(3.) Learned counsel for the petitioner submits that in Civil Misc. (Arbitration) Case No. 139 of 2023, the arbitral award, passed by the Arbitrator-cum-Commissioner, Magadh Division, Gaya on 16/7/2022 in Arbitration Case No. 216 of 2021, directing the competent authority to amend the compensation award, is under challenge. Learned counsel further submits that the award was sent to the petitioner as well as the respondent 2nd set/respondent no.3 vide Letter No. 3165/legal dtd. 3/8/2022 through registered post. The petitioner received the copy of award within a week and it is presumed that by that time the respondent 2nd set/respondent no.3 must also have received the award. Learned counsel further submits that it is the clear mandate of the law that the miscellaneous case under Sec. 34 (3) of the Arbitration and Conciliation Act, 1996 (in short 'the Arbitration Act') challenging the award can be filed within three months from the date on which party making the application had received the award. Further proviso to Sec. 34 of the Arbitration Act makes it clear that if the court is satisfied that the applicant was prevented by sufficient cause from making the application within said period of three months, the court may entertain the application within a further period of 30 days but not thereafter. Learned counsel further submits that from the composite reading of the provision, it is clear that an arbitral award can be challenged within a maximum period of 120 days from the date of receipt of the award. Learned counsel further submits that even by its own admission, the respondent 2nd set/respondent no.3 received the award on 10/5/2023. So the award could have been challenged till 10/9/2023. However, miscellaneous case has been filed on 30/10/2023, i.e., beyond the limitation period.