VidhiSangh

Supreme Court of India · 02/06/2026

NATIONAL HIGHWAY AUTHORITY OF INDIA versus T. YOUNIS & ANR.

[2026] 7 S.C.R. 11 · 2026 INSC 616

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Summary

Where a party has formally applied to the arbitral tribunal under Section 33 of the Arbitration and Conciliation Act, the three-month limitation under Section 34(3) for challenging the award runs from the date that application is disposed of. It does not matter whether the application was allowed, dismissed or found not maintainable. The High Court's order refusing to exclude that period was set aside and the condonation of delay restored.

Issues

  1. Whether limitation under Section 34(3) of the Arbitration and Conciliation Act, 1996 runs from receipt of the original award or from disposal of an application under Section 33.
  2. Whether only an application that is maintainable under Section 33(1)(a), or one that succeeds, defers the start of limitation under Section 34(3).
  3. Whether the appellant's Section 34 applications were within time.

Provisions considered

Held

Result

Appeal allowed; High Court's judgment dated 22.01.2024 set aside; District Judge's orders dated 05.08.2023 condoning delay restored; the Section 34 applications to be decided on merits.

Judgment PDF: Supreme Court of India, [2026] 7 S.C.R. 11.