JUDGMENT :

Hiranmay Bhattacharyya, J.

1. This application under Article 227 of the Constitution of India is at the instance of the respondent no. 1 in Misc Arbitration case no. 10 of 2023 and is directed against the order no. 8 dated August 25, 2023 passed by the learned Judge, Commercial Court of Rajarhat.

2. By the impugned order, the application under Section 34 of the Arbitration and Conciliation Act, 1996 filed by the opposite party no. 1 herein stood admitted after condonation of delay in filing the said application. The preliminary objection on the point of limitation was rejected.

3. The learned Arbitrator passed an Award on July 28, 2022. Subsequently, the respondents therein filed an application under Section 33 of the Arbitration and Conciliation Act, 1996 (for short “A&C Act”) praying for correction of the Arbitral Award. The said application was allowed vide order dated October 14, 2022. The certified copy of the Arbitral Award was corrected on December 14, 2022. The application under Section 34 of the A & C Act being Misc (Arb) Case 10 of 2023 (C.C.) was filed on February 16, 2023 by the opposite party no. 1 herein.

4. The opposite party no. 1 herein filed an application u