(1). An Arbitrator under the Arbitration and Conciliation Act, 1996 made an arbitration in terms of arbitration clause in the agreement over disputes between the parties in respect of execution of the agreement entered into by and between the parties on 14th March, 2001. An award was passed which according to the Union of India is vitiated by partial attitude of the arbitrator, and that it was decided ex parte. Under Section 34 of the Arbitration and Conciliation Act an appeal was preferred by the opposite party against the award. Since the appeal was time barred an application under Section 5 of the Limitation Act was taken out by the petitioner before the learned Additional District Judge, 6th Court, Alipore.

(2). The learned Additional District Judge by an order dated 26th of July, 2006 allowed the application under Section 5 of the Limitation Act subject to payment of cost of Rs. 1,500/- Before the learned Judge in the Court below the opposite party took out the plea that there was 60 days delay in preferring the appeal and since the Government machinery did not run speedily there was delay in preferring the appeal against the award which is vitiated by non-adherence