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 respondent - contractor invoked arbitration clause. The sole arbitrator adjudicated the dispute and passed an award for a sum of Rs. 1,16,23,825/- along with interest @ 10% per annum in favour of the contractor. The sole arbitrator also directed the appellant to bear its own cost and also to pay Rs. 4,00,000/- towards cost to the respondent - contractor. Counter claim of the appellant was also dismissed.

4. After receipt of