UNION OF INDIA Vs. FAITH BUILDERS

JUDGEMENT

(1.) Heard Sh. Sandeep Gupta, learned counsel for Union of India and Sh. M.P. Sharma, learned counsel appearing for the respondent.

(2.) The Union of India has preferred this petition under Section 34 of the Jammu and Kashmir Arbitration and Conciliation Act which is pari materia with the Arbitration and Conciliation Act, 1996 for setting aside the award dated 25.04.2018 as amended vide award dated 26.04.2018. The petition is beyond time by 29 days.

(3.) Section 34(3) of the Act provides that an application for setting aside the arbitration award may not be made after three months from the date on which the party making the application had received the arbitral award and that the court on satisfaction may entertain an application if filed subsequently but not beyond the further period of thirty days. In other words, a reading of Sub section (3) of Section 34 of the Act makes it clear that a petition for setting aside the arbitral award has to be filed within three months from the receipt of the arbitration award and that in case of delay, delay of 30 days thereafter only could be condoned.