ANIL KUMAR SEN, J.

( 1 ) THIS is an appeal which has lately been assigned to us after remand from the Supreme Court of India. Union of India representing the railway administration is the appellant before us and the appeal is directed against an order dt. May 20, 1983, passed by a learned single Judge of this Court dismissing the appellant's application under S. 30 read with S. 33 Arbitration Act, which was registered as Award Case No. 200 of 1982. The application has been dismissed solely on the ground of limitation. In order to appreciate and decide the points at issue it would be necessary to refer to certain facts which may be set out briefly as follows :

( 2 ) THE respondent, Union Builders, entered into an agreement dt. Dec. 29,1965, with the South Eastern Railway administration for supply and loading of ballast at two stations, namely, Ghatsila and Dhalbhumgarh. The work under the contract was completed on June 30, 1969, but certain disputes and differences arose between the respondent (hereinafter referred to as the contractor) and the authorities of the South Eastern Railway with regard to certain claims put forward by the contractor. Those claims were put forward in the

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