nms2959-10.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2959 OF 2010 IN ARBITRATION PETITION LOD.NO.1010 OF 2010 Prakashchand Sahu & Ors. .. Petitioners Versus L & T Finance Ltd. & Anr. .. Respondents Mr.A.A.Siddiqui i/b. R.A.Siddique & Associates for petitioners Ms.Priti Menon i/b. India Law for respondents CORAM : S.C.DHARMADHIKARI, J. DATE : 9th FEBRUARY 2011. P.C.: 1] This is a motion for condonation of delay in filing the arbitration petition. The subject award was made on the own showing of the petitioner – applicant on 6th November 2008. 2] The present petition is filed on 8th September 2010. Therefore, the notice of motion for condonation of delay has been moved. On the attention of the learned Advocate appearing for the petitioner being invited to section 34(3) of the Arbitration & Conciliation Act, 1996 nms2959-10.doc 2 together with the proviso, all that was argued that the fact of passing of award came to the knowledge of the petitioner on 30th March 2010, when a notice was received from the Court of First Additional Dist. Judge Vidisha, Madhya Pradesh in Execution Petition No.102 of 2008. Afterwards, the petitioner made enquiry with the office of respondent No. 1 at Vidisha in the last week of April 2010 and he was supplied with copy of the Arbitral Award. 3] Assuming that the explanation for the delay can be accepted, yet the petitioner’s Counsel does not dispute that the Court has no power to condone the delay beyond the period prescribed in section 34(3) of the Arbitration & Conciliation Act, 1996 and the proviso thereto. Thus, the period of three months prescribed in the substantive provision can be extended only by 30 days. Once the total delay is beyond 120 days, then, going by the Ruling of the Hon’ble Supreme Court in the case of Union of India Vs. Popular Construction Company reported in 2001 (8) SCC 470, the time limit to challenge the award is absolute and inextendible by the Court and no recourse can be taken to section 5 of the Limitation Act. This judgement has been followed subsequently. nms2959-10.doc 3 4] In these circumstances and when the delay is admittedly beyond the period prescribed by law, there is no alternative but to dismiss this motion which is taken out for condonation of delay. Accordingly, the motion is dismissed. Since the motion itself is dismissed, the petition cannot be taken on file and stands dismissed accordingly. (S.C.Dharmadhikari, J)