IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 Arb.A.No. 2 of 2009 --------------------------- AGAINST THE ORDER IN I.A. NO. 628/06 IN O.P(ARB).NO.83/2006 OF DISTRICT COURT,TRIVANDRUM. .................... APPELLANT/ PETITIONER: --------------------------------------- THE SUPERINTENDING ENGINEER, KIP CIRCLE, KOTTARAKKARA, KOLLAM DISTRICT. BY MR. RANJITH THAMPAN, ADDL.ADVOCATE GENERAL, GOVT. PLEADER MR. K. SANDESH RAJA. RESPONDENT/ RESPONDENT: -------------------------------------------- JAMES VARGHESE,GOVERNMENT CONTRACTOR, KAKKANAGTTUPARAMBIL, ERANALLOOR.P.O,MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. MR.K.BABU THOMAS. THIS ARBITRATION APPEALS HAVING COME UP FOR ADMISSION ON 22/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. BALAKRISHNAN NAIR & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------------------------------ Arb. Appeal NO: 2 OF 2009 ----------------------------------------------------------------------------------- Dated this the 22nd January, 2009. JUDGMENT BALAKRISHNAN NAIR, J. The petitioner in O.P(Arbitration) No: 83/2006 is the appellant. The appellant filed an application under Section Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') to set aside the arbitration award passed by the Arbitrator on 28.1.2005 in favour of the respondent/contractor. There was 350 days delay in filing the application under Section 34 of the Act. So I.A 628/2006 was filed in the above O.P(Arbitration) praying to condone the said delay. The District Court, by the impugned order dated 6.8.2007 dismissed the said I.A holding that in view of the limitation contained in sub-section (3) of Section 34 it is powerless to condone the above delay of 350 days. Based on that decision the O.P(Arbitration) itself was dismissed. Challenging those orders the present appeal is filed. 2. We heard the learned Govt. Pleader for the appellant and also Mr. K.Babu Thomas for the respondent. 3. Going by the provisions of sub-section (3) of Section 34 we ARBAPPEAL No: 2/2009 2 find that the application to set aside the award should be filed within three months from the date of receipt of the award. The court is given power to condone the delay of one month only. Since the delay admittedly comes to 350 days, the application to condone the delay was rightly rejected by the court below. The view taken by the court below is fully covered by the decision of the Apex Court in Union of India v. Popular Construction Co. {2001(8) SCC 470}. In the result there is no merit in the appeal and it is accordingly dismissed. K.BALAKRISHNAN NAIR Judge K. SURENDRA MOHAN Judge jj K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: