When Application U/S 33 Of A&C Act Is 'Disguised Review', Limitation For Challenging Award U/S 34 Cannot Be Extended: Delhi HC

The Delhi High Court bench of Justice Subramonium Prasad has held that if the application under Section 33 of the Arbitration and Conciliation Act, 1996 is purely an application for review, then the person seeking to challenge the award cannot avail of the time taken between the filing of the application under Section 33 and the date of disposal for calculating the period to challenge the award. Issue Whether the terminus quo would start from the date of disposal of Section 33 application or from the date of the receipt of a signed copy of the arbitral award? In Vidhur Bhardwaj v. Horizon Crest India Real Estate, the Court held that an incompetent application under Section 33 would not extend the period of limitation. Such an approach subverts the purpose of Section 33, rendering the application ineligible for the benefit of an extended limitation period under Section 34.” The court noted that given that the terminus quo for the application was the date of receipt of the award and the date of filing the petition was 31.08.2024, the petition was barred by limitation.