Mandatory limitation for Section 34 challenges to arbitral awards bars condonation beyond the statutory outer limit.

A challenge to an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 must be filed within three months, with only a further thirty days available on sufficient cause being shown and no extension beyond that outer limit. The Court treated Section 34(3) as mandatory and rejected reliance on a Section 37 decision because the limitation scheme for Section 34 is materially different. As the challenge was filed after the non-extendable period, the delay was not condonable and the refusal to condone it was upheld.

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Issues: Whether a challenge to an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 could be entertained after expiry of the outer limit of 120 days, and whether the delay in filing such challenge in the present case was liable to be condoned.

Analysis: The relevant provision prescribes a three-month period for filing an application to set aside an award, with a further extension of only thirty days on sufficient cause being shown, and not thereafter. The materials showed that the challenge was filed beyond that maximum period. The reliance placed on a decision dealing with Section 37 of the Arbitration and Conciliation Act, 1996 was held to be inapposite because the statutory scheme governing a Section 34 challenge is materially different and admits of no extension beyond the prescribed limit. The limitation contained in Section 34(3) was treated as mandatory and incapable of being relaxed on the facts presented.

Conclusion: The delay beyond the statutory outer limit was not condonable, and the refusal to condone it was upheld.

Final Conclusion: The challenge to the award having been filed beyond the non-extendable period prescribed for Section 34 proceedings, the writ petitions failed.

Ratio Decidendi: The period for filing an application under Section 34 of the Arbitration and Conciliation Act, 1996 can be extended only up to the further thirty days permitted by statute and not beyond that limit.

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