1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA OMPM No.225 of 2025 in Arbitration Appeal No. 275 of 2025 Date of decision: 10.07.2025 National Highway Authority of India. ...Appellant. Versus Lekh Ram ...Respondent. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the appellant : Mr. K.D. Shreedhar, Senior Advocate Ms. Sneh Bhimta, Advocate. For the respondents : Nemo. Jyotsna Rewal Dua, Judge The award was passed by learned Arbitrator against the appellant/applicant on 14.07.2022. The applicant/appellant filed objections under Section 34 of the Arbitration and Conciliation Act, 1996, against the aforesaid award. The objections were dismissed by the learned District Judge on 24.10.2024 on the ground of their having been preferred beyond three months plus 30 days provided for the purpose under Section 34 of the Act.Feeling aggrieved, applicant/appellant has instituted this arbitration appeal taking recourse to Section 37 of the Act. There is delay of 134 days in institution of this appeal as well. Hence, application has been moved for condoning the delay. 2 2. Heard learned counsel for the applicant/ appellant and considered the case file. 3. In the given facts and circumstances of the case, there is no necessity for issuing notice to the respondents. 3(i). Award was passed against the applicant/ appellant on 14.07.2022 and its copy was received by it on 11.08.2022. 3(ii). Period of three months made available under Section 34 of the Act for assailing the award, thus, is to be reckoned from 11.08.2022. The said period of three months lapsed around 11.11.2022. 3(iii). Under Section 34(3) of the Act, an application for setting aside the award on the ground mentioned in Section 34(2) of the Act can be made within three months and the period can only be extended for a further period of 30 days on showing sufficient cause and ‘not thereafter’. 3(iv). It is well settled that Section 5 of the Limitation Act has no application to an application challenging an arbitral award under Section 34 of the Act. Under Section 34(3) of the Act, an application for setting aside the award on the grounds mentioned in Section 34(2) of the Act can be 3 made within three months and the period can only be extended for a further period of thirty days on showing sufficient cause and not thereafter. The use of the words “but not thereafter” in the proviso to Section 34 makes it clear that extension cannot be beyond thirty days. [Ref. Simplex Infrastructure Limited Versus Union of India1, My Preferred Transformation & Hospitality Pvt. Ltd. &Anr. vs. M/s. Faridabad Implements Pvt. Ltd.2, Chintels (India) Ltd. vs. Bhayana Builders (P) Ltd. (2021)4 SCC 602,3 and State of Himachal Pradesh and another vs. Himachal Techno Engineers and another. In the instant case, three months’ period from the date of receipt of award expired on 11.11.2022. Further period of thirty days lapsed on 11.12.2022. The petition under Section 34 of the Act was instituted on 21.01.2023. There was a delay of about 40 days in moving the application under Section 34 of the Act by the present applicant. Learned District Judge, therefore, did not err in holding that a delay beyond 120 days in moving the application under Section 34 of the Act could not be condoned. Even otherwise, 1(2019) 2 SCC 455 2Civil Appeal No.336 of 2025 decided on 10.01.2025 3 (2021)4 SCC 602 4 the applicant/appellant has failed to justify the delay in taking recourse to Section 37 of the Act as well. 4. In view of above, present application is dismissed and consequently, appeal is also dismissed.Pending miscellaneous application(s), if any, to also stand disposed of. Jyotsna Rewal Dua July 10,2025 Judge (shankar)