1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE OF MOTION NO.4723 OF 2007 IN ARBITRATION PETITION (LODG.) NO.547 OF 2007 M/s. Basuree ..Petitioner. Vs. M/s. Delip Fabrics ..Respondent. .... Mr. Anil Desai i/b Mr. Paras N. Vora for the Petitioner. None for the Respondent. .... CORAM: DR. D.Y. CHANDRACHUD, J. 25th January, 2008. P.C. : The Petitioner seeks condonation of 200 days delay in filing the Arbitration Petition for challenging an arbitral award under the Arbitration and Conciliation Act, 1996. Under Section 34(3) an application for setting aside has to be made within three months from the date of receipt of the arbitral award, but the Court is empowered for sufficient cause to entertain an application within a further period of thirty days but not thereafter. The Petitioner has averred that a copy of the award was served on 28th November, 2006. According to the Petitioner that was received by his father, who had forgotten to inform him. The Petitioner has, averred in the 2 affidavit in support that some time in the second week of May 2007 he learnt of the award pursuant to an order of the Prothonotary and Senior Master dated 20th April, 2007 on Application 117 of 2007. The Notice of Motion was lodged on 10th December, 2007, the arbitration petition having been lodged earlier on 17th September, 2007 without any application for condonation. The delay that has occurred is beyond the period that can be condoned under Section 34(3). There is no merit in the Motion which is accordingly dismissed.