Arbitration and Conciliation Act, 1996:

s. 34 – Application under – Delay of 514 days in filing –

Condonation of delay – If permissible – Held: By virtue of s. 34(3),

recourse to the court against an arbitral award cannot be beyond

the period prescribed therein i.e. three months – The proviso thereto

allows this period to be further extended by another period of thirty

days on sufficient cause being shown – The words ‘but not

thereafter” in the proviso makes the legislative intent clear that

statutory period of three months is extendable by another period of

upto thirty days and no more – Section 5 of Limitation Act has no

application to the application u/s. 34 – However, the provisions of

s. 14 of Limitation Act would be applicable to the application u/s.

34 – In the present case, even if benefit of s.14 of Limitation Act is

given, in view of the proviso to s.34, only 30 days can be condoned

beyond the limitation period of three months – There will still be a

delay of 131 days in filing the application, which cannot be

condoned – Administrative difficulties would not be a valid reason

to condone a delay above and beyond the statutory period

prescribed u/s. 34 – High Court was not justified in condoning the

delay of 514 days in filing the application u/s. 34 – Application

u/s. 34 is dismissed on the ground that it is barred by limitation –

Limitation Act, 1963 – ss.5 and 14.