PRATIBHA BONNERJEA, J.

( 1 ) THIS is an application by the State of West Bengal for setting aside the award dated 22-4-32. In the petition it is alleged that the petitioner received the notice under Section 14 (2) of the Arbitration Act on 13-8-82 informing the petitioner that the award had been filed on 16-7-80. In para. 12 of the Affidavit-in--Opposition the respondent alleged that the petitioner had notice of filing of the award by respondent's letter dated 16-7-82 which was received by the petitioner's Executive Engineer on 17-7-82. In reply dated 30-7-82 the petitioner informed the respondent , that the petitioner was taking steps for making payment under the award. According to the respondent the present application was taken out on 13-9-82, clearly beyond 30 days from 17-7-82 and the application was barred by limitation. In the Affidavit-in-reply the petitioner did not dispute the receipt of the respondent's letter dated 16-7-82 on 17-7-82. This letter dated 16-7-82 and the petitioner's reply dated 30-7-82 are Annexures 'c' and 'd' to the Affidavit-in-Opposition.

( 2 ) THE counsel for the petitioner submits that under Section 14 (2) of the Arbitration Act it is the duty of

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