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Supreme Court of India 2024-07-08 dismissed

through the Secretary & Ors vs Rajpath Contractors and Engineers Ltd

Bench: 2 — Abhay S. Oka, Pankaj Mithal

In Brief

A State of West Bengal dispute with a bridge construction contractor reached arbitration. The arbitral tribunal awarded Rs. 2.11 crore to the contractor on 30 June 2022. The State filed a petition to set aside the award on 31 October 2022, after the High Court's pooja vacation (1–30 October). The High Court dismissed the petition as time-barred. The Supreme Court upheld the dismissal, holding that the three-month limitation period under the Arbitration Act expires on 30 September 2022—before the vacation. Section 4 of the Limitation Act (which extends time when courts are closed) does not apply because the deadline had already passed. The thirty-day discretionary extension in the proviso also expired by 30 October. The petition was filed too late and properly dismissed.

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