1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.166 OF 2011 IN ARBITRATION PETITION LOD.NO.1384 OF 2010 Mr.Kapil Prabha Shankar Dave .. Petitioner Versus The Cosmos Co-op Bank Ltd .. Respondent Mr.K.R.Tiwari for the petitioner. Ms.Nikita Trivedi i/by YKS Legal for the respondent. CORAM: S.C.DHARMADHIKARI, J. DATE : 2nd FEBRUARY 2011 P.C. The motion is filed to condone the delay of 189 days in filing the arbitration petition to challenge the award. 2 It is stated that the award was made on 7th July 2010 and a copy thereof was received on 9th July 2010. However, the petitioner has been suffering from heart trouble, diabetes and other diseases and petition could not be filed within the period specified by law. The delay is of 189 days. 3 Section 34(3) of the Arbitration and Conciliation Act, 1996 prescribes a period of three months from the date on which the party 2 making the application to set aside the award received the award or if a request has been made under section 33 from the date on which that request has been disposed of by the Arbitral Tribunal. The proviso to the said sub-section makes it clear that the Court has power to condone the delay provided it is satisfied that the applicant was prevented by sufficient cause from making the application to set aside the award within period of three months but the delay that can be condoned is only of further period of thirty days and not thereafter. 4 In Union of India Vs. M/s.Popular Construction Co reported in (2001) 8 SCC 470 so also in the case of State of Goa Vs. Western Builders[(2006) 6 SCC 239], the Hon’ble Supreme Court has held that the time limit prescribed under section 34 to challenge the award is absolute and cannot be extended by the Court by taking recourse to section 5 of the Limitation Act, 1963. If the period that is taken in this case is 189 days, then, that is clearly beyond the 120 days limit specified by the provision in question. On this ground alone, this motion is not maintainable and it is rejected. (S.C.DHARMADHIKARI, J)