Section 34(3) limitation is absolute and unextendible beyond the prescribed three months and thirty days.

The Petitioner (DDA) challenged an arbitral award dated 31.05.2024, which it received physically on 24.06.2024

The Petitioner initially filed an objection petition under Section 34 of the Arbitration and Conciliation Act, 1996 ("the Act") before the District Judge, Commercial Court, on 27.09.2024

This petition was withdrawn on 19.05.2025 due to a lack of pecuniary jurisdiction, with liberty to seek appropriate remedies

Subsequently, the Petitioner filed the present petition before the Delhi High Court on 29.08.2025

The Petitioner moved an application (I.A. 25007/2025) seeking condonation of delay in filing the Section 34 petition

1. Whether the petition under Section 34 of the Act was filed within the statutory limitation period prescribed under Section 34(3)

2. Whether the delay in filing the petition beyond the three-month period and the additional 30-day grace period can be condoned by the Court

The Court applied Section 34(3) of the Arbitration and Conciliation Act, 1996, which mandates that an application for setting aside an award must be made within three months, extendable by a further thirty days if sufficient cause is shown, "but not thereafter"

The Court also considered Section 14 of the Limitation Act, 1963, regarding the exclusion of time spent bona fide in a court without jurisdiction

It relied on the Supreme Court precedent in Union of India v. Popular Construction Co. (2001), which held that the phrase "but not thereafter" constitutes an express exclusion of Section 5 of the Limitation Act, making the 120-day limit absolute and unextendible

It further cited the Division Bench decision in Union of India v. M/S GR-GAWAR (J.V.) (2025), reiterating that no application can be entertained beyond the absolute outer limit of 120 days

The Court observed that the Petitioner received the award on 24.06.2024, yet the first filing before the Commercial Court on 27.09.2024 was already beyond the initial three-month limit

Even if the Petitioner were granted the benefit of Section 14 of the Limitation Act for the period it spent litigating in the wrong forum (from 27.09.2024 to 19.05.2025), the subsequent filing before the High Court on 29.08.2025 occurred more than three months after the withdrawal of the first petition

The Court calculated that the total delay, even after excluding the bona fide period, exceeded the maximum permissible limit of three months plus 30 days

The Court reasoned that the statutory language "but not thereafter" in Section 34(3) is an absolute bar that leaves the court with no discretion to condone delays beyond the 120-day window, regardless of the reasons provided

Consequently, the Court dismissed the application for condonation of delay (I.A. 25007/2025)

As the primary petition was time-barred, the Court dismissed O.M.P. (COMM) 407/2025 along with the pending application for stay (I.A. 25006/2025)