Rajesh Bindal, J.

Challenge in the present petition is to the order dated 10.9.2014 passed by the learned court below, whereby, the learned court below dismissed the objections raised by the petitioner regarding maintainability of the application under Section 34 of the Arbitration and Conciliation Act, 1996 (for short "the Arbitration Act") and further permitted the respondent- State to lead evidence.

2. Learned counsel for the petitioner submitted that in the case in hand, an agreement was executed between the petitioner and the State regarding construction of road. As there were certain disputes, vide order dated 24.5.2010 passed by this Court in Arbitration Case No.112 of 2008, Arbitrator was appointed, who passed the award dated 21.12.2010. Copy thereof was received by the respondent-State on 27.12.2010. An application for recalling the award was filed by the State before the Arbitrator on 23.8.2011, which was dismissed on 8.10.2011. Thereafter, the State filed application under Section 34 of the Arbitration Act before the court on 12.11.2011. In terms of Section 34 of the Arbitration Act, the application could be filed within a period of three months from the date of