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CHHATTISGARH HIGH COURT
*Manindra Mohan Shrivastava, Vimla Singh Kapoor, JJ.
Union of India v. Todarmull Infrastructures Pvt. Ltd. (Engineers and Contractors)
| Table of Content |
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| 1. the appeal is against a dismissal order regarding limitation. (Para 1 , 2) |
| 2. discussion of the contractual agreement and arbitration initiation. (Para 3 , 4) |
| 3. arguments concerning the timeliness of the application for setting aside the award. (Para 5 , 6 , 7) |
| 4. the court's interpretation of s.34 and s.33 limitation provisions. (Para 9 , 10) |
| 5. final ruling on the appeal's merit. (Para 12 , 13 , 15) |
1. This appeal is directed against the order dated 09.09.2019 passed by the Commercial Court, Raipur by which, the appellant's application under S.34 of the Arbitration and Conciliation Act, 1996 (in short "the Act of 1996") for setting aside the award has been dismissed as barred by limitation Act.
2. The factual matrix, relevant for decision of the controversy in this case are in narrow encompass stated as infra.
3. The appellant herein invited bid for certain works of extension. In response thereto, the respondent submitted his bid and the same was accepted leading to an agreement between the parties which was signed on 24.02.2014. Later on, dispute and differences having arisen between the parties, agreement was terminated on 09.09.2015 by the appellant. The respond
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