JUDGMENT :

SHEKHAR B. SARAF, J.

1. The instant application under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) by the petitioners, State of West Bengal through the Secretary, Public Works Department, Kolkata (hereinafter referred to as the ‘award debtor’) arises out of an arbitral award dated June 30, 2022 passed by Shri Bibek Raha, Sole Arbitrator. The respondent in the instant application is Rajpath Contractors and Engineers Ltd. (hereinafter referred to as the ‘award holder’).

2. The award holder has raised a challenge on the grounds of maintainability wherein it has argued that the instant application has been filed beyond the period of limitation as provided under the Act. The said challenge was vehemently opposed by the petitioners, and hence, in this judgment, I have only dealt with the point of maintainability of the Section 34 application.

Facts

3. I have mapped out the factual matrix of the instant lis below:

(a) In 1996, the award debtor invited tenders for “Construction of Prestressed Concrete Bridge on Well Foundation over River Tangon at 16 K.M. Gazole-Bamangola Road in the District of Malda.” The award holder submitted its