Question

Delay in making an application for setting aside the arbitral award

• A. can be condoned under section $5$ of Limitation Act
• B. cannot be condoned by invoking section $5$ of Limitation Act
• C. may be condoned under section $5$ of Limitation Act as per discretion of the Court
• D. only (a) and not (b) or (c)

Answer 1

Answer: (B)

cannot be condoned by invoking section $5$ of Limitation Act

Section 34(3) of the Act provides that an application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award from the date on which that request had been disposed of by the arbitral tribunal. In case when the court is satisfied that the applicant was prevented by sufficient cause from making the application within the said period of three months it may entertain the application within a further period of thirty days, but not after that