SIMPLEX INFRASTRUCTURES LTD. Vs. UNION OF INDIA
LAWS(CAL)-2016-6-240
HIGH COURT OF CALCUTTA
Decided on June 20,2016

SIMPLEX INFRASTRUCTURES LTD. Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) This appeal is against an order dated 27th April, 2016 whereby the learned Single Bench condoned the delay of about 131 days in filing an application for setting aside of an arbitral award. The order of the learned Single Bench is set out hereinbe-low for convenience:- "After considering the submissions made by the learned advocate for the applicant/petitioner and upon perusing the application for condonation of delay, it appears that sufficient cause has been shown and as such the delay is condoned. The application for condonation of delay, being G.A. No. 958 of 2016, is accordingly allowed."
(2.) Section 34 sub-section (3) of the Arbitration and Conciliation Act, 1996 provides as follows:- "34(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 has 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.) It is nobody "â„¢s case that there was any request under Section 33. Limitation started running from the date on which the respondent received the arbitral award.;


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