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Supreme Court of India

M/s Simplex Infrastructure Ltd v. Union of India

Neutral citation
Bench Dr. Dhananjaya Y Chandrachud and Vineet Saran JJ.
Decided 5 December 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the considered opinion that in view of the period of limitation prescribed in Section 34(3), the learned Single Judge of the High Court was not justified in condoning the respondent’s delay of 514 days in filing the application.

Judgment, page 13

From the headnote

Arbitration and Conciliation Act, 1996: s. 34 – Application under – Delay of 514 days in filing – Condonation of delay – If permissible – Held: By virtue of s. 34(3), recourse to the court against an arbitral award cannot be beyond the period prescribed therein i.e. three months – The proviso thereto allows this period to be further extended by another period of thirty days on sufficient cause being shown – The words ‘but not thereafter” in the proviso makes the legislative intent clear that statutory period of three months is extendable by another period of upto thirty days and no more…

Authorities it was built on

Where later benches applied it

Of those, 1 referred to · 3 mentioned

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