- (1.) By the Court.--The instant civil revision arises out of a proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act").
(2.) Three awards dated 25.11.2007, 14.2.2008 and 29.3.2009 are said to have been received by the parties on one and the same date. The application for setting aside the arbitral awards was filed on 4th November, 2010. The revisionist submits that these applications were filed at a very belated stage le. after a lapse of 107 days; 1005 days and 610 days respectively. These applications were registered as Miscellaneous Case No. 71 of 2010. An order was passed by Sub-Judge-I, Ranchi on 20.12.2010 in the aforesaid miscellaneous case condoning the delay in challenging the awards by the Jharkhand State Electricity Board (for short "J.S.E.B.") under Section 34 of the Act. The Sub Judge was of the opinion that since the award relates to Government money and involves an amount of more than Rs. 2.22 crores, a complete hearing is essential and, on this consideration, delay was condoned.
(3.) Aggrieved by the aforesaid condonation of delay, the instant revision is preferred by the revisionist, one of the parties before the arbitral Tribunal. Sub-Clause (3) of Section 34 of the Act provides period of limitation of three months for challenging the award and the limitation is to be calculated from the date the arbitral award was received. Proviso to sub-section (3) grants liberty to the party to apply for condonation of delay in case the application under Section 34 of the Act is preferred after a lapse of three months, the Court is entitled to entertain the application within a further period of 30 days but not thereafter.;