In Brief
Simplex Infrastructure Ltd, a contractor, won an arbitral award of Rs. 9.97 crores against the Union of India for construction of shelters in Andaman and Nicobar Islands. The respondent filed a Section 34 application to set aside the award 514 days after receiving it. The High Court condoned the delay, citing administrative difficulties. The Supreme Court allowed the appeal and dismissed the petition as barred by limitation. The Court held that Section 34(3) of the Arbitration and Conciliation Act prescribes an absolute time limit of three months (extendable by only thirty days), expressed by the phrase "but not thereafter," which cannot be exceeded even with Section 14 considerations. Administrative difficulties do not justify breaching this statutory mandate.
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