JUDGMENT :

Rai Chattopadhayay, J.

1. In this mandamus appeal, the Court is required to decide as to the legality and propriety of the order of the Additional District Judge at Port Blair, dated September 7, 2018, in Misc. Judl. Case No. 02 of 2014. By dint of the same the trial court has dismissed appellant’s prayer under section 5 of the Limitation Act, praying for condonation of delay in filing an application for setting aside abetment. Being aggrieved, the appellant/Union of India has challenged the same by filing the present appeal.

2. The Court finds it is not necessary to go into the other details of facts of the case, excepting the following:

3. An arbitration award dated May 31, 2007, is the reason of dispute between the parties. The present appellant was not satisfied with the said award and had preferred an application under section 34 of the Arbitration and Conciliation Act, 1996, before the District Judge, for setting aside the said award. During pendency of the case the respondent No.1 had died on October 15, 2012. The present appellant had not been prompt in following up the case with adequate steps pursuant thereto and the said case under section 34 of the Arbitration an