arbp274-10.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.274 OF 2010 M/s.Chhaganlal Kastur Chand .. Petitioner Versus Hindustan Chamber of Commerce & Anr .. Respondents Mr.R.S.Bidkar i/by Advani & Co for the petitioner. Mr.L.V.Jain for respondent No.2. CORAM: S.C.DHARMADHIKARI, J. DATE : 22nd FEBRUARY 2011 P.C. . This petition under section 34 of the Arbitration and Conciliation Act, 1996 challenges an award made by the Hindustan Chamber of Commerce dated 27th August 2008. 2 In para 1(j) of the petition, page 5, this is what is stated: “j. That to utter surprise of the petitioner, he received one copy of ex-parte Arbitral Award on arbp274-10.doc 2 8.6.2009, admittedly dispatched by the respondent No. 1 only on 2.6.2009, alleged to have been passed on 27.8.2008 and alleged original award given on stamp paper of Rs.100/-. As such, admittedly the award has been passed after 9 months had elapsed from last hearing of the case and admittedly the copy of the same has been dispatched to the petitioner after another 9 months has elapsed from passing of the alleged award.” 3 On a query to the petitioner’s advocate as to whether this admitted dispatch which is stated to be nine months after the date of the award, based on which a petition filed in this Court on 7th September 2009, can be stated to be within the period prescribed by section 34(3) of the Arbitration and Conciliation Act, 1996, from the record of the petition, the petitioner’s advocate was unable to point any such admitted dispatch. 4 There is no annexure to the petition, save and except, the arbp274-10.doc 3 award leave alone this admitted dispatch. 5 Sub-section 3 of section 34 of the Arbitration and Conciliation Act, 1996 states that an application for setting aside an award should be made before the period of three months has elapsed, from the date on which the party making that application had received the arbitral award or, if a request had been made under section 33, from the date on which that request had been disposed of by the arbitral tribunal. 6 This period of three months has to be computed from the date on which the party has received the arbitral award or if request under section 33 which had been made from the date on which that request was disposed of. 7 The proviso below section 34(3) enables the Court to entertain the application to set aside the award within further period of thirty days, provided the Court is satisfied that the applicant was prevented with sufficient cause from making the application within arbp274-10.doc 4 the period of three months. 8 The proviso mandates that the period of thirty days cannot be extended. In the case of Union of India Vs. M/s.Popular Construction Company Ltd reported in (2001) 8 SCC 470, the Hon’ble Supreme Court held that the time limit prescribed to challenge the award is absolute and unextendable by the Court under section 5 of the Limitation Act, 1963. In such circumstances, on broad grounds of equity and justice, a petition to challenge the award filed belatedly cannot be entertained. 9 There is no alternative but to dismiss this petition on this ground. Even otherwise, I find that the petitioner has failed to make out any ground to challenge the award and merely because it is ex- parte does not necessarily mean that it has to be set aside. Petition is dismissed. No costs. (S.C.DHARMADHIKARI, J)