BADAR DURREZ AHMED, J, J.

( 1 ) THIS is a petition under Section 34 of the Arbitration and Conciliation act, 1996 (hereinafter referred to as 'the said Act') whereby the petitioner has sought the setting aside of the impugned award dated 08. 01. 2004 passed by the learned sole Arbitrator [justice Mohd. Shamim (retired)]. The petitioner herein [era Constructions (I) Ltd] was the respondent in the arbitration proceedings. The respondent [d. K. Sharma, Proprietor of Keshav Security Services (Regd.)] was the claimant before the arbitrator.

( 2 ) THE impugned award has been assailed before this court on three grounds. The first ground is that certain materials disclosed to the learned arbitrator during conciliation have been used by the learned Arbitrator in the course of the award and therefore the requirement of confidentiality under section 75 read with Section 30 of the said Act has been breached. The second ground taken by the learned counsel for the petitioner is that the arbitration was invoked by a letter dated 05. 06. 2000 and, therefore, only the claims limited to three years prior to this date ought to have been considered by the learned arbitrator. It was contended that sin

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