1. This appeal under S.37 of the Arbitration and Conciliation Act, 1996 (henceforth 'the Act, 1996') is against the order dated 1 - 11-2023 (Annexure - A / 1) passed by the Judge, Commercial Court (District Level), Naya Raipur, Chhattisgarh, in case No.Arb.MJC 26 of 2023 wherein the application preferred under S.34 (3) of the Act, 1996 seeking condonation of delay in filing the application under S.34 was dismissed. The appellant - Superintending Engineer, National Highways is in appeal.

2. (i) The facts involved in this case are that the joint venture company namely; ECI - KEYSTONE was entered into a contract agreement for construction of two lane road at certain different distances from Bhopalapatnam to Jagdalpur under the LWE scheme. The contract price was Rs.184,54,47,686.69. Admittedly, the extension was granted to the respondent up till 30-6-2019. During the course of execution of the contract, certain dispute arose between the parties which led to appointment of the Arbitrator as per clause 25.3 (a) of the contract. The respondent invoked the arbitration clause under special condition of contract. The appellant Department also acceded to such appointment, consequently, the S