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2022 Supreme(MP) 225

SUJOY PAUL, PRAKASH CHANDRA GUPTA
State of Madhya Pradesh – Appellant
Versus
SMEC International Pvt. Ltd. – Respondent


Advocates:
Amit Seth, Deputy Advocate General with Ankit Agrawal,
Government Advocate for appellant/State; K. K. Sharma with Jai Shukla for respondent.

JUDGEMENT

1. In these appeals, the appellants have called in question the legality, validity and propriety of the similar impugned orders dated 20.4.2022 whereby, the applications filed by the appellant under section 34 of the Arbitration Act 1996 (Arbitration Act) were dismissed by the Commercial Court.

A.A. No.46 of 2022

2. This appeal filed under section 37 of the Arbitration Act assails the order dated 20.4.2022 whereby the application of appellant under section 34 of the Arbitration Act was dismissed merely by giving two reasons. Firstly, application filed under section 34 is barred by limitation. Secondly, the grounds taken in the application filed under section 34 are not sufficient to disturb the award of the learned Arbitrator.

Appellant’s contentions :--

3. Shri Amit Seth, learned Deputy Advocate General submits that so far question of limitation is concerned, the learned Commercial Court has passed the order without considering its own finding wherein while rejecting an application under section 34(3) of Arbitration Act of the respondent, the Commercial Court itself rec

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