JUDGMENT :

Sujit Narayan Prasad, J.

1. At the outset, it needs to refer herein that on earlier occasion the instant appeal was dismissed on the ground of limitation vide order dated 21.12.2021. However, by an order dated 08.04.2022 passed in Civil Appeal Nos. 2820-2822 of 2022, the Hon'ble Apex Court has quashed and set aside the said order remitting the matter before this Court for adjudication of the issue on merit, for ready reference the order passed by the Hon'ble Apex Court is being referred hereunder as :-

“Leave granted.

We have heard Ms. Ekta Bharati, learned counsel appearing on behalf of the State and Shri A.K. De, learned counsel for the respondent.

Feeling aggrieved and dissatisfied with the impugned order passed by the High Court refusing to condoned the delay of 275 days in preferring the appeal under Section 37 of the Arbitration and Conciliation Act, 1996, the State has preferred the present appeals.

Having heard the learned counsel appearing for the respective parties and considering the averments in the application in support of the prayer to condone the delay, we are of the opinion that in the facts and circumstances of the case, one opportunity ought to have been giv