JUDGMENT :

1. The instant appeal has been preferred against the order dated 17.2.2020 (Annexure A1) passed by the District Judge, Ambikapur in M.J.C. (Civil) No.3 of 2020 arising out of the order dated 7.3.2018 (Annexure A4) passed by the Additional Commissioner/Arbitrator under the provisions of National Highways Act, 1956 (henceforth ‘the Highways Act’). The District Judge/Principal Civil Court has rejected the application moved under Section 34 of the Arbitration and Conciliation Act, 1996 (henceforth ‘the Arbitration Act’) on the ground of limitation.

2. The short question involved for consideration in this arbitration appeal is whether the District Judge was justified in rejecting the appeal/application moved under Section 34(2) of the Arbitration Act only on the ground of limitation.

3. Facts of the case, in short, are that for upgradation and widening of National Highway No.78 (Ambikapur to Patthalgaon Section) certain acquisition took place wherein Respondent 1’s land was also acquired and award was granted under Section 3G of the Highways Act by Respondent 2 in Land Acquisition Case No.02/A82/2015-16 (Annexure A2) and the amount for acquisition was granted to Respondent 1 vid