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Head Note

The Arbitration and Conciliation Act, 1996  - Section 34 (3) , The Limitation Act,1963  - Section 12 (1)

General Clauses Act, 1897 - Section 9 - Award received by the Engineer on 12.11.2023 - Petition for setting aside the award filed on 11.3.2024 - Well in time and not barred by the limitation.

The Arbitration and Conciliation Act, 1996  - Section 34 (3)

Application for setting aside an award - Petition filed beyond prescribed period of three months - Court at its discretion can condone delay only to extent of 30 days - Cover containing award delivered to Beldar in the office of Executive Engineer on 10.11.2023 which was a holiday - Executive Engineer received the award on 12.11.2007, the next working day - Date of delivery of award should be taken as 12.11.2023 and not 10.11.2023 - Period of "three months from the date on which the party making the application had received the arbitral award shall be computed from 13.11.2007.

The Arbitration and Conciliation Act, 1996  - Section 34 (3)

Computation of period of three months - Month does not refer to period of 30 days - Refers to actual period of a calendar month - Three months period cannot be equated with 90 days.

Topic(s)-Arbitration Award

Important Decision(s)- Arbitration and Conciliation - Period of three months - Three months period cannot be equated with 90 days.