I.P.MUKERJI,J. - (1.) This is an application under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an award dated 30th September, 2008 passed by a departmental arbitrator of Steel Authority of India Limited, Sri B.M.K. Singh. It was heard on a preliminary objection that it was barred by the laws of limitation.
(2.) Section 34 (3) of the said Act provides that an application to set aside the award may be made by a party not after three months of the date of receipt of the award. The court, before which such an application is made, has the power to condone delay of 30 days only. Therefore the maximum time period to file this kind of an application is 120 days from the date of receipt of the award by a party. It is now very firmly established that no court has the power to condone delay beyond this period, as this time period has been held to be a special period of limitation, in the case of Union of India v. Popular Construction Company reported in (2001) 8 SCC 470.
(3.) In this case the award was made on 30th September, 2008. It was served on the petitioner on 5th October, 2008. On 23rd December, 2008 they filed an application before the learned Sub Judge, Bokaro to set aside the award. On 21st February, 2009 the respondent made an application in that court under Section 42 of the Limitation Act stating that the application did not lie before it, for want of territorial jurisdiction. Nothing happened in that application. Finally, the petitioner applied for withdrawal of their main application on 31st July, 2000. The learned Court allowed its withdrawal on 4th September, 2010 with liberty to file a fresh one on the self-same cause of action in the appropriate court. On 20th September, 2010 the present application was filed in this court.;