Bharat Sanchar Nigam Ltd. v. M/S. Sunrise Construction

Arun Sankpal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 716 OF 2025 Bharat Sanchar Nigam Ltd ..Petitioner

Versus

Sunrise Construction

...Respondent

Mr. Bernado Reis, i/b Arun Sapkal & Co, for the Petitioner. Mr. Nikhil Savkar (through VC), with Aniket Malu, for the Respondent..

CORAM:

N. J. JAMADAR, J.

DATED :

20th FEBRUARY 2025 P.C.:

1.

The challenge in this Petition is to an order dated 20th August 2024 passed by learned District Judge, Pune in Civil Miscellaneous Application No. 1003 of 2023 preferred for condonation of 270 days delay in preferring an Application to set aside the arbitral award, under ARUN RAMCHANDRA SANKPAL Section 34 of the Arbitration and Conciliation Act 1996 ("the ARUN RAMCHANDRA SANKPAL Date: 2025.02.20 20:11:24 +0530 Arbitration Act").

2.

The arbitral award was passed on 5th December 2022. The Petitioner claimed to have received copy of the award on 13th February 2023. There was a delay of about 270 days in preferring the Application for setting aside the arbitral award. Delay condonation was sought by 1/3

ascribing reason that the time was spent in seeking administrative approvals.

3.

By the impugned order, the learned District Judge was persuaded to reject the Application as an application for setting aside the award cannot be entertained beyond 120 days, under Section 34(3) of the Arbitration Act.

4.

Mr. Reis, learned Counsel for the Petitioner, would urge that there was a sufficient cause for delay in preferring the application and the Petitioner, a public enterprise, would suffer grave prejudice if the delay is not condoned.

5.

I am afraid to accede to the aforesaid submission. The legal position is absolutely clear. Section 34(3) of the Arbitration Act provides that an application for setting aside an award may be made within three months from the receipt of the arbitral award. The proviso to subSection 3 of Section 34, however, contains an interdict, in the nature that the Court may entertain the application for setting aside the award after the period of three months and within a further period of 30 days but not thereafter. Thus an application for setting aside the award, beyond the period of 120, days cannot be entertained. (Assam Urban Water Supply And Sewerage Board Vs Subash Projects And Marketing 2/3

Limited1 and Bhimashankar Sahakari Sakkare Karkhane Niyamita Vs Walchandnagar Industries Limited (WIL)2 ) 6.

No interference is thus warranted in the impugned order. 7.

Petition thus stands dismissed.

[N. J. JAMADAR, J.] (2012) 2 SCC 624.

(2023) 8 SCC 453.

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