Limitation for challenging arbitral awards bars late objections and prevents conversion into a valid setting-aside application.

An objection to an arbitral award filed after the limitation period could not be treated as a valid application to set aside the award, because the Arbitration Act, 1940 operated as a self-contained code and challenges under section 30 had to be made within the period prescribed by Article 158 of the Limitation Act, 1908. A time-barred objection could not be converted into an application under section 33, and the court could not bypass limitation by invoking any implied power to set aside the award on section 30 grounds. The award therefore remained effective, and the decree in terms of the award stood.

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Issues: Whether an objection to an arbitral award, filed beyond thirty days from service of notice of filing of the award, could be treated as an application to set aside the award and whether the court could set aside the award on grounds falling within section 30 of the Arbitration Act, 1940 despite expiry of the limitation period under Article 158 of the Indian Limitation Act, 1908.

Analysis: The Arbitration Act, 1940 was treated as a self-contained code governing the setting aside of awards. The scheme of sections 17, 30, 32 and 33 showed that an award could be challenged only by an application to set it aside on the grounds specified in section 30, and that such application had to be made within the period prescribed by Article 158 of the Indian Limitation Act, 1908. An objection in the nature of a written statement could be treated as such an application only if filed within limitation. Where the objection itself was time-barred, it could not be converted into an application for setting aside the award, and the court could not circumvent limitation by exercising any supposed suo motu power on grounds squarely falling within section 30.

Conclusion: The objection was barred by limitation and could not be treated as a valid application under section 33. The award could not be set aside on section 30 grounds after expiry of the limitation period.

Final Conclusion: The appeal failed because the challenge to the award was not made within the prescribed time and the decree in terms of the award was liable to stand.

Ratio Decidendi: A challenge to an arbitral award on grounds covered by section 30 of the Arbitration Act, 1940 must be made by a timely application, and a time-barred objection cannot be treated as such an application or used to defeat the limitation prescribed for setting aside the award.

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