ORDER :

1. Captioned petition is filed by the claimants, who are respondents in the proceedings initiated by the respondents herein by filing an application under Section 34 of the Arbitration and Conciliation Act (for short “the Act”).

2. The present petitioners filed an application in I.A. No. 4 under section 151 of CPC requesting the Court to dismiss the application on the ground that it is not filed within the time stipulated under Section 34(3) of the Act. The said application is rejected by the Court below by holding that the application under Section 34 of the Act filed by respondent-authority is well within the stipulated period of 90 days.

3. Heard the counsel for petitioner and the learned counsel appearing for respondents. Perused the records.

4. The petitioner is relying on the date of communication of award by the arbitrator addressed to the advocate appearing for respondent-authority. This fact is not disputed by the respondents. The award passed by the Arbitrator is not communicated to Highway Authorities, but is communicated to the counsel appearing for Highway Authorities on 15.09.2022. Section 31(5) of the Act regarding delivery of signed copy of arbitral award to eac