MANU/DE/0369/2020

IN THE HIGH COURT OF DELHI

FAO 58/2020
Decided On: 05.02.2020
Appellants: India Waste Energy Development Ltd.
Vs.
Respondent: Govt. of NCT of Delhi and Ors.
Hon'ble Judges/Coram:
Sanjeev Sachdeva, J.
Counsels:
For Appellant/Petitioner/Plaintiff: Manashwy Jha, Advocate
For Respondents/Defendant: Ramesh Singh, Standing Counsel, Tejra Narula and
Ishan Agrawal, Advs.
JUDGMENT
Sanjeev Sachdeva, J.
CM APPL. 4626/2020 (exemption)
Exemption is allowed subject to all just exceptions.
CM APPL. 4628/2020 (for condonation of delay in re-filing)
1. Appellant, by the present application, seeks condonation of delay of 7 days in re-
filing of the appeal.
2 . It is contended that the appeal was originally filed within time, however, certain
objections were raised by the Registry and it took some time for the Director of the
appellant Company to collect the complete Trial Court record. It is also contended
that the Director of the appellant Company is a senior citizen suffering from different
medical conditions, as such, it took some time in collecting the record and removing
the objections.
3 . For the reasons stated in the application, the application is allowed. Delay of 7
days in re-filing of the appeal is condoned.
FAO 58/2020 & CM APPL. 4627/2020 (seeking summoning of Trial Court Record)
4 . Appellant impugns order dated 03.10.2019, whereby, objection petition filed by
the appellant has been dismissed on the ground of limitation as also on merits.
5 . Appellant had filed objections under section 34 of the Arbitration & Conciliation
Act, 1996 (hereinafter referred to as the Act) challenging the award dated 06.04.2017
to a limited extent that it awarded a lesser amount than the amount claimed by the
appellant.
6 . The Trial Court has noticed that the original signed copy of the Award dated
06.04.2017 was received by the Director of the appellant on 14.04.2017.
7. In terms of Section 34(3) of the Arbitration & Conciliation Act, an application for

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 setting aside of the Award may be made within three months of the date on which the
signed copy of the Award was received. If we exclude 14.04.2017, the date on which
the signed copy was received, the application under Section 34 of the Arbitration &
Conciliation Act had to be filed by 14.07.2017. Thereafter, in terms of proviso to
Section 34(3) of the Arbitration & Conciliation Act, if sufficient cause is shown, the
Court can entertain an application, filed by an objector, within a further period of 30
days.
8 . Since the July has 31 days, if extended period of 30 days is taken into account,
the objections should have been filed by 13.08.2017, which was a Sunday.
14.08.2017, being a working day, the application could have, on showing sufficient
cause, be filed latest by 14.08.2017 but the objections were filed on 16.08.2017.
This was even beyond the extendable period of 30 days from the three months
stipulated period provided in Section 34(3) of the Act.
9 . The Supreme Court in Union of India vs. Popular Construction Company:
MANU/SC/0613/2001 : 2001 (8) SCC 470 has specifically held that the history and
scheme of the Act support the conclusion that the time limit prescribed under Section
34 to challenge an Award is absolute and unextendable by Court under Section 5 of
the Limitation Act.
10. Accordingly, I find no infirmity in the view taken by the Trial Court in holding
that the objections filed by the appellant were beyond the prescribed period of
limitation.
11. However, it is noticed that the Trial Court after holding that the objections are
beyond the statutory period of limitation has even considered the merits of the case.
The Trial Court after holding that the objections were beyond limitation should not
have commented upon the merits of the claims of the Appellant. In view of the same,
the merits of the case of the appellant are not being commented upon.
12. I find no merit in the appeal. Appeal is, accordingly, dismissed.
13. Order Dasti under signatures of the Court Master.
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