National High Authority Of India vs Sansaru Devi & Ors
2024 Latest Caselaw 13747 HP

Himachal Pradesh High Court

National High Authority Of India vs Sansaru Devi & Ors on 12 September, 2024

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Arbitration Appeal No. 25/2024 Decided on: 11.09.2024

.

National High Authority of India .....Petitioner.

Versus

Sansaru Devi & Ors. ....Respondents.

................................................................................................ Coram The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.

    Whether approved for reporting?1

    For the petitioner


    For the respondents
                         r           :
                                      :

to Mr. K.D. Shreedhar, Sr. Advocate with Ms. Shreya Chauhan, Advocate.

Mr. Varun Rana, Advocate, for respondents No.1 & 2.

Jyotsna Rewal Dua , J

Mr. Varun Rana, learned counsel, has put in

appearance on behalf of respondents No.1 & 2.

2. Vide order dated 31.05.2024, notice was ordered to be

issued to the respondent and the execution of the impugned

order/judgment dated 19.04.2023 passed by the learned District

Judge, Mandi in Arbitration Petition No.76 of 2023 (NHAI Versus

Sansaru Devi), whereby the award dated 09.02.2022 passed by the

learned Divisional Commissioner, Mandi, had been upheld, was

stayed subject to deposit of the entire awarded amount alongwith

upto date interest.

Whether reporters of the local papers may be allowed to see the judgment?

2. Learned Senior Counsel for the appellant submits that

the aforesaid order has been complied with and the awarded

.

amount has been deposited. Be that as it may.

3. 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.

4. 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 India2).

In the instant case, three months' period from the date

of receipt of award expired on 07.12.2022. Further period of three

months lapsed on 06.01.2023. The petition under Section 34 of the

(2019) 2 SCC 455

Act was instituted on 20.02.2023. There was a delay of about 44

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 appeal. The

same is accordingly dismissed alongwith pending miscellaneous

application(s), if any.

                      r                                Jyotsna Rewal Dua

                                                           Judge
    11th September 2024
         (rohit)