Madras High Court

CRP/6589/2026 of Antoinette Manicom Vs The Union of India on 15 October 2026

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CRP No. 6589 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-10-2026

CORAM

THE HON'BLE MR JUSTICE N. ANAND VENKATESH

CRP No. 6589 of 2026

CNR: {HCMA011907942026}

Antoinette Manicom

W/o. Christopher DK,

No.E 56,

Jal Vayu Vihar,

Mundamveli

Kochi,

Kerala 682 507.

..Petitioner(s)

Vs

1. The Union of India

Rep. By Its Chief Secretary,

Govt. of Puducherry,

Puducherry.

2. The Arbitrator - Cum- District Collector Union Territory Of Puducherry Puducherry.

3. The Competent Authority Of Land Acquisition Cum Deputy Collector (Revenue) South, Villianur Puducherry.

..Respondent(s)

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order dated 24.06.2026 passed in I.A. No.01 of 2025 by the learned Principal District Judge, Puducherry, allow LA. No.01 of 2025, condone the delay of 25 days in presenting the Arbitration Original Petition, direct the learned Principal District Judge, Puducherry, to number the Appeal

CRP No. 6589 of 2026

Original Petition and dispose of the same on merits and in accordance with law, and thus render justice.

For Petitioner(s):

Mr. P.Sudagar

For Respondent(s):

Mr.P.S.Kothandaraman

Government Advocate (Puducherry)

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ORDER

This Civil Revision Petition has been filed under Article 227 of the Constitution of India challenging the fair and decreetal order dated 24.06.2026 passed in I.A. No.01 of 2025 on the file of the Principal District Judge, Puducherry, wherein the Court below rejected the application to condone the delay of 25 days in filing the Original Petition under Section 34 of the Arbitration and Conciliation Act, 1996 (for the sake of brevity, hereinafter referred to as 'the Act') on the ground that Section 5 of the Limitation Act will not apply to the arbitration proceedings.

2. Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents and carefully perused the materials available on record and this Court also carefully went through the order passed by the Court below.

CRP No. 6589 of 2026

3. An Arbitration Award came to be passed on 02.05.2025, which was received by the petitioner on 06.05.2025 and he filed the petition under Section 34 of the Act on 29.08.2025. In view of the same, an application was filed to condone the delay of 25 days in filing the petition under Section 34(3) of the Act. The Court below dismissed this application on the ground that Section 5 of the Limitation Act will not apply to arbitration proceedings.

4. In the considered view of this Court, the order passed by the Court below is, on the face of it, illegal. Under Section 34(3) of the Act, an application to set aside an Arbitration Award should be filed within three months. If the three month period elapses, the proviso to sub-section (3) of Section 34 of the Act enables an applicant to seek for condoning the delay by making out sufficient cause to a maximum period of thirty days.

5. In the case in hand, the three months period had elapsed and the petition was filed 25 days thereafter. Therefore, the petitioner had sought for condoning the delay of 25 days under the proviso to sub-section (3) of Section 34 of the Act. The Court below has erroneously understood that the delay was sought to be condoned under Section 5 of the Limitation Act and irrelevant judgements of the Apex Court have been relied upon.

CRP No. 6589 of 2026

6. In view of the above, the order dated 24.06.2026 made in I.A. No.01 of 2025, is set aside and this Civil Revision Petition is allowed and the delay in filing the application to set aside the Award is condoned and the Court below is directed to number the petition and proceed further to deal with the same in accordance with law. No Costs. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSR

CRP No. 6589 of 2026

To

1. The Principal District Judge, Puducherry

2. The Union of India Rep. By Its Chief Secretary, Govt. of Puducherry, Puducherry.

3. The Arbitrator - Cum- District Collector Union Territory Of Puducherry Puducherry.

4. The Competent Authority Of Land Acquisition Cum Deputy Collector (Revenue) South, Villianur Puducherry.

CRP No. 6589 of 2026

N.ANAND VENKATESH, J. SSR CRP No. 6589 of 2026 15-10-2026

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