ARIJIT PASAYAT, J.

( 1 ) HEARD.

( 2 ) CHALLENGE in this appeal is to the order of a learned Single Judge of the Orissa High court dismissing the miscellaneous appeal filed by the present appellant. In the miscellaneous appeal which was filed under section 39 of Arbitration Act, 1940 (in short the 'act') challenge was to the order passed by learned Civil Judge, Senior Division, Angul making the award rule of the Court.

( 3 ) THE primary stand before the High Court was that the claim made by the respondent-contractor was barred in terms of Section 137 of the Limitation Act, 1963, (in short 'limitation act') The High Court did not accept the stand of the appellant.

( 4 ) IN the present appeal, Mr. A. Sharan, learned ASG appearing for the appellant submitted that the claim was barred and for substantiating this stand reference was made to certain dates which are almost undisputed. The work order in this case was issued on 18. 12. 1985 and the work was completed on 15. 6. 1987. On 20. 05. 1995, the respondent made a request for appointment of an arbitrator and on 29. 6. 1995 an Arbitrator was appointed. It is the case of the appellant that sometime in 1989, final bill was paid and there