In Brief
The Supreme Court held that Section 17 of the Limitation Act, 1963 does not apply to Section 34(3) of the Arbitration and Conciliation Act, 1996. Once a party receives an arbitral award, the three-month limitation period to challenge it begins immediately and cannot be extended beyond 120 days (including a 30-day discretionary extension), even if fraud or mistake is discovered later. The Court found that the phrase "but not thereafter" in Section 34(3) expressly excludes application of Section 17. The scheme of the Arbitration Act—prioritizing speedy dispute resolution and award finality—necessarily implies this exclusion. Therefore, respondents' attempt to challenge an award filed 236 days after receipt, relying on alleged fraud by the appellants, was dismissed as time-barred.
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