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Supreme Court of India 2018-12-05 allowed

Simplex Infrastructure Ltd vs Union of India

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

Simplex Infrastructure obtained an arbitral award of nearly Rs. 10 crore against the Union of India for construction works on the Andaman and Nicobar Islands. The Union delayed filing a challenge to the award by 514 days beyond the three-month statutory period. The High Court condoned the delay, citing administrative difficulties in obtaining approvals from its Chennai office. The Supreme Court reversed this, holding that the three-month period in Section 34 of the Arbitration Act is absolute and non-extendible beyond a further 30 days. Even applying the Limitation Act's provisions for wrongful proceedings, the Union had a 131-day shortfall. The Court held that bureaucratic inconvenience does not justify breaching clear statutory limits and dismissed the challenge as time-barred.

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Arbitration and Conciliation Limitation Civil Procedure Statutory Interpretation

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