Strict limitation for arbitral award challenges requires a proper filing, and non-est papers cannot save delay beyond the outer limit.

Section 34(3) of the Arbitration and Conciliation Act, 1996 allows an arbitral award challenge within three months, with condonation only up to a further thirty days and not beyond. A filing stops limitation only if it is a properly instituted petition; on the stated facts, the alleged initial filings were treated as non-est because mandatory requirements such as signed pleadings, attested affidavits, proper vakalatnama, court fees, caveat report, and other compliances were absent or uncured. The explanation also failed to show sufficient cause for the entire delay. The challenge was therefore time-barred and the request for condonation failed.

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Issues: Whether the petition under Section 34 of the Arbitration and Conciliation Act, 1996 was filed within limitation or within the condonable period, whether the alleged filing and re-filing constituted a valid filing in law, and whether sufficient cause was shown to condone the delay.

Analysis: Section 34(3) permits a challenge to an arbitral award within three months and allows condonation only of a further thirty days, and not beyond. The Court found that the petitioner failed to establish a proper initial filing within time, took shifting stands about the alleged dates of filing, and did not substantiate the claim that the original papers had been filed as asserted. The filings made on 20.02.2019 and 22.02.2019 were held to be non-est because basic requirements such as signed pleadings, duly attested affidavits, proper vakalatnama, court fees, caveat report, and other mandatory compliances were absent or remained uncured. The explanation also did not disclose sufficient cause for the entire period up to expiry of the original limitation period.

Conclusion: The delay was not condonable, the petition was treated as time-barred and not properly filed, and the request for condonation failed.

Ratio Decidendi: In proceedings under Section 34(3) of the Arbitration and Conciliation Act, 1996, only a properly instituted filing can stop limitation, and a petition that is non-est or filed beyond the strict outer limit of three months plus thirty days cannot be salvaged absent sufficient cause shown for the original delay.

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