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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
BIPIN CHANDER NEGI
National Highway Authority of India – Appellant
Versus
Narayan Dass – Respondent
| Table of Content |
|---|
| 1. limitations of arbitration award appeals (Para 1 , 3 , 6) |
| 2. procedural context of section 34 applications (Para 2 , 4) |
| 3. judicial interpretation of limitation provisions (Para 5) |
JUDGMENT :
BIPIN CHANDER NEGI, J.
The appellant is aggrieved by the judgment dated 02.05.2023, passed by the learned District Judge, whereby its application moved under Section 34 of the Arbitration and Conciliation Act, 1996, (the Act in short) was dismissed as barred by limitation.
2. Heard learned counsel for the parties and considered the case file.
3. Admitted facts are that: - An award was passed on 03.02.2022 by the learned Divisional Commissioner, exercising powers of Arbitrator under the National Highways Act, 1956. The appellant received certified copHy of the award on 13.10.2022. Three months’ time available to the appellant in terms of Section 34 (3) of the Act for assailing the aforesaid award lapsed on 12.01.2023. Admittedly, award dated 03.02.2022 had not been assailed by the appellant till 12.01.2023.
4. Learned District Judge relying upon Bhimashankar Shakari Sakkare Karkhane Niyamita Vs. Walchandnagar Industries Limited (WIL), (2023) 8 SCC 453 , held that the appellant could
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