JUDGMENT :

Goutam Bhaduri, J.

1. Heard.

2. The present appeal is against the order dated 7.5.2022 in an unregistered M.J.C/2021, whereby, the Commercial Court (District Level), Nava Raipur, Chhattisgarh, has dismissed the appeal preferred by the appellant under Section 34 of the Arbitration and Conciliation Act, 1996 (in short “the Act, 1996”).

3. The brief facts of this case are that an award was passed by the Arbitrator on 7.4.2018. According to the appellant, the said award was received by the appellant on 9.4.2018. Initially, Arb.R. 11/2019 was filed before the High Court on 15.4.2019, which was eventually dismissed as withdrawn vide order dated 15.5.2019 with liberty to file a duly constituted appeal before the Commercial Court at Raipur. Thereafter, an appeal was filed before the Commercial Court at Raipur on 23.7.2021 along with an application under Section 14 read with Section 5 of the Limitation Act, 1963 (in short “the Limitation Act”), which was dismissed.

4. Learned counsel for the appellant would submit that the appellant could not know that the petition preferred before the High Court has been withdrawn and only when the notice of execution was served, they came to know ab