Whether a delay in preferring the application (for correction/interpretation) u/s 33(1) of the Arbitration Act, is condonable?

Case Title: Tantia Construction Limited vs. Ircon International Ltd. (13.04.2021 – DELHC): MANU/DE/0735/2021

👉In the instant case, the High Court of Delhi held that unlike Section 34, Section 33(1) does not contain any provision permitting condonation of the period of limitation stipulated therein.

👉The Court held that it cannot read into Section 33(1), a power of condonation of delay, where none exists. Further, the fact that delay cannot be automatically condoned by the Arbitral Tribunal, in the case of application under Section 33(1), stands underscored by the stipulation “unless another period of time has been agreed upon by the parties” in Section 33(1).

👉Lastly, it was held that the period of 30 days as stipulated in Section 33(1) is relaxable only if, ad idem, the parties agree to another period for filing the application thereunder and de hors any such mutual agreement between the parties, the period of 30 days in Section 33(1) is sacrosanct and is not relaxable.

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