Himachal Pradesh High Court
National Highway Authority Of India vs Bhagat Ram on 30 August, 2024
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
OMP(M) No.109 of 2024 a/w
Arb. Appeal No.108 of 2024
Decided on: 30th August, 2024
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National Highway Authority of India .....Petitioner
.
Versus
Bhagat Ram .....Respondent
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Coram
Ms. Justice Jyotsna Rewal Dua
Whether approved for reporting?
For the Applicant/: Ms. Shreya Chauhan and Ms. Sneh
Petitioner Bhimta, Advocates.
For the Respondent: Nemo.
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Jyotsna Rewal Dua, Judge
In the facts and circumstances of the case, there
is no necessity of issuing notice to the respondent on the
delay application.
2. This application under Section 5 of the
Limitation Act is for condoning the delay of 297 days in
filing the arbitration appeal under Section 37 of the
Arbitration and Conciliation Act, 1996 (in short 'the Act')
against the judgment dated 19.04.2023 passed by the
learned District Judge in CMA No. 31 of 2023 (National
Highways Authority of India Versus Bhagat Ram).
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Whether reporters of print and electronic media may be allowed to see the order? Yes.
3. The reason for the delay assigned in the
application is that the applicant became aware about the
passing of the impugned judgment only on 21.03.2024.
This cannot be considered cogent reason sufficient for
.
condoning the delay as the applicant was duly represented
by its counsel before the learned Court below.
4. A perusal of the impugned decision dated
19.04.2023 reveals that in terms of the said decision, the
application moved by the present applicant under Section 5
of the Limitation Act for condoning the delay in filing the
application under Section 34 of the Act, was dismissed on
the ground that the delay beyond 120 days cannot be
condoned.
It is well settled that Section 5 of the Limitation
Act has no application to an application challenging an
arbitral award under Section 34 of the Act. Under Section
34(3) of the Act, an application for setting aside the award
on the grounds mentioned in Section 34(2) of the Act can be
made within three months and the period can only be
extended for a further period of thirty days on showing
sufficient cause and not thereafter. The use of the words
"but not thereafter" in the proviso to Section 34 makes it
clear that extension cannot be beyond thirty days (Ref.:
Simplex Infrastructure Limited Versus Union of India 1).
In the instant case, there was a delay of 33 days
in moving the application under Section 34 of the Act by
.
the present applicant. Learned District Judge, therefore, did
not err in holding that a delay beyond 120 days in moving
the application under Section 34 of the Act could not be
condoned.
5. In view of above, there is no merit in this
application. The same is accordingly dismissed.
Consequently, the main arbitration appeal is also dismissed
alongwith pending miscellaneous application(s), if any.
Jyotsna Rewal Dua
August 30, 2024 Judge
R.Atal
(2019) 2 SCC 455
