- (1.) The Judgment of the Court was as follows : This appeal is directed against a judgment and order of the learned single Judge of this Court dated 23.9.2004 whereby and whereunder his Lordship has been pleased to dismiss an application for setting aside of an award under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the said Act").
(2.) The time limit has been fixed for making application of this nature in Section 34 of the said Act. Sub-section (3) of the said Act is quoted hereunder for this purpose. " (3) An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award or, if a request had been made under Section 33, from the date on which that request had been disposed of by the arbitral tribunal: Provided that if the Court is satisfied that the applicant was prevented by sufficient cause from making the application within the said period of three months it may entertain the application within a further period of thirty days, but not thereafter."
(3.) Thus it appears that Court has the discretion to entertain an application beyond the period of three months but this must be done within a further period of 30 days. Upon proper construction of the aforesaid proviso it is clear and it has also been settled by the Supreme Court that beyond the period of 30 days as mentioned in the proviso, the Court had no power to entertain an application. The provision of Section 5 of the Limitation Act, 1963 will have no manner of application by reason of Section 29 of 1963 Act. Since the date of filing of the application, in this case, was said to be beyond the period of three months and thirty days, it was necessary to ascertain the exact date of the making of the application.;