State of Himachal Pradesh vs Himachal Techno Engineers

In this case the contract was given for installing a water purifier plant in hamirpur district
of himachal Pradesh. After some time the contractor raised some disputes regarding
increase in payment for the extra work done in comparison to what was promised to them
by the authorities. The case was to be dealt by an arbitrator who made an award to the
appellate via speed post. The post was received by the guard of the office on 10th of
November which was a non-working day due to which it was received by the executive
engineer on 12th of November as 11th November was Sunday.

The petition was filed on 11th march 2008 whereas it was to be filed on 9th February. The
limitation act at first could not be applied as the time had already exceeded 3 months plus
30 days. Even after taking into consideration the extra 30 days which are usually
condoned by a court if justification is provided. The engineers were still found to be short
of one day.

The main dilemma in this case is that if those 3 months could be counted as 90 days or
not, as this point can create a vast difference in the judgement. This is so because not all
months have 30 days and thus if days are properly mentioned then there will be less
confusion.

The other problem is that of the date from which the three months and additional thirty
days will be counted. This is because of the fact that the post was received by the guard
and in legal terms under the limitations act what one can infer is that the date from which
the limitation act will apply. In this case the date will be 13th November because the legal
date is decided on the basis of the receipt of award to the person or party usually
concerned and an additional day is further given to them for filing the petition. Therefore
it should not be that the physical delivery of the to the office of the party should be
considered as the date of receipt.
Sections referred in the case

1. Section 34 (subsection 3) which usually points out the flaw namely as either 90 days or
30 days respectively.

2. Section 12 which states the period which shall be computed from the time the main
person receives the post plus an additional day for filing the petition.

3. Section 33 and 34 stating the award needs to be received by the person having
knowledge of the proceeding.

4. Section 5 which states that the judge may entertain the application within a period of
30 days but not thereafter.

5. Section 31(5) it is not a matter of formality that is the award has to be received by the
party.

6. Section 34 of the arbitration and conciliation act (Motive: for challenging the arbitral
award and for condonation for delay of 28 days in filing the petition)