Dismissed

National Highway Authority of India v. Sansaru Devi and Others

Himachal Pradesh HC12 Sept 2024ARB.A/25/2024

Case brief

AI extract

What is this about?

This appeal challenged an order dismissing a Section 34 application under the Arbitration Act due to delay. The Court held that Section 5 of the Limitation Act does not apply, and the statutory period cannot be extended beyond 3 months plus 30 days, dismissing the appeal.

What did the court decide?

The appeal was dismissed along with pending miscellaneous applications, as the delay in filing the Section 34 application could not be condoned.

National Highway Authority of India Vs Sansaru Devi and… — Arbitration | Himachal Pradesh HC (2024)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Arbitration Appeal No. 25/2024 Decided on: 11.09.2024 National High Authority of India …..Petitioner.

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Versus

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Sansaru Devi & Ors. ....Respondents.

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Coram

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The Hon’ble Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?¹

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For the petitioner	:Mr. K.D. Shreedhar, Sr. Advocate with Ms. Shreya Chauhan, Advocate.
For the respondents	: Mr. Varun Rana, Advocate, for respondents No.1 & 2.

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Jyotsna Rewal Dua , J

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Mr. Varun Rana, learned counsel, has put in appearance on behalf of respondents No.1 & 2.

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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.

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

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Learned Senior Counsel for the appellant submits that

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the aforesaid order has been complied with and the awarded amount has been deposited. Be that as it may.

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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.

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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 ).

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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

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2(2019) 2 SCC 455

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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.

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In view of above, there is no merit in this appeal. The same is accordingly dismissed alongwith pending miscellaneous application(s), if any.

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Jyotsna Rewal Dua Judge

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11^th September 2024 (rohit)

National Highway Authority of India v. Sansaru Devi and Others

Case brief

What is this about?

What did the court decide?

National Highway Authority of India v. Sansaru Devi and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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