The delay in making an application for setting aside the arbitral award under section 34
A. Cannot be condoned
B. Can be condoned for a maximum period of 30 days
C. Can be condoned for a maximum period of 60 days
D. Can be condoned for a maximum period of 90 days
Answer: Option B
Solution (By Examveda Team)
Let's understand Section 34 of the Arbitration and Conciliation Act first.This section deals with setting aside an arbitral award, meaning challenging the decision made by the arbitrator.
There's a specific time limit for filing an application to challenge the award.
The law states that the application must be made within 3 months from the date you receive the award.
However, there's a provision for condoning the delay, meaning the court *might* excuse a delay in filing.
But, this condonation is not unlimited.
The court can only condone the delay for a maximum period of 30 days, after the initial 3-month period.
Therefore, the correct answer is Option B: Can be condoned for a maximum period of 30 days.
Section 34(3): Time Limit for Challenging an Award
A party must file an application to set aside an arbitral award within 3 months from the date they received the award.
The court may condone a delay of up to 30 additional days only if sufficient cause is shown.
No application can be entertained after 120 days (3 months + 30 days), even if there’s a valid reason.