JUDGMENT :

VIBHU BAKHRU, J.

1. The appellant has filed the present appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 (hereafter ‘the A&C Act’) impugning an order dated 24.06.2020 (hereafter ‘the impugned order’) rendered by the learned Commercial Court. By virtue of the impugned order, the learned Commercial Court rejected the appellant’s application preferred under Section 34 of the A&C Act [being OMP (COMM) No. 20/2018 captioned Web Overseas Limited vs. Universal Industrial Plants Manufacturing Company Pvt. Ltd.] impugning an interim award dated 01.10.2018 (hereafter ‘the impugned award’) passed by the Arbitral Tribunal. In terms of the impugned award, the appellant’s contention that the counter-claim preferred by the respondent was barred by limitation, was rejected.

2. The Arbitral Tribunal had accepted that the respondent had not issued any notice under Section 21 of the A&C Act and therefore, the period of limitation would run from the date of cause of action till the date of filing of the counter-claim. However, the Arbitral Tribunal found that the respondent was entitled to the benefit of Section 14 of the Limitation Act, 1963 (hereafter ‘the Limitati