Section 33 Review Application and Delay in filing section 34 petition
On 23.2.2024 the Award was passed and the received by the petitioner.
On 22.3.2024, the application under Section 33 of the AA was filed for review of the Arbitral Award.
On 3.6.2024, the Arbitral Tribunal dismissed section 33 application.
On 31.8.2024, the Petitioner filed section 34 petition.
HELD that the legislative intent of section 33 is to perit rectification of mistakes and nothing more. If the application under section 33 is for review of the Award, the period of filing such application and disposal cannot be counted for limitation of filing section 34 petition. The application under Section 33 shows that the petitioner had questioned the very basis of Tribunal’s reasoning and methodology. Merely because the application was styled as under section 33, the petitioner does not become entitled to the extention of limitatioin under section 34 of the Act. When the application is outside the scope of section 33, it cannot be used as a stratagem for prolonging limitation under section 34. If such application for review is allowed, it will be used by vexatious parties to delay the challenge to the arbitral award defeating the spirit of the Act itself.
