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2024 Supreme(Online)(MAD) 42905

HIGH COURT OF MADRAS
Honourable Mr Justice K. KUMARESH BABU
Union of India – Appellant
Versus
V.R.Nirman Private Ltd – Respondent


ORDER

This Arbitration Original Petition has been filed under Section 34(2)(iv)

of the Arbitration and Conciliation Act, 1996(hereinafter called as 'the Act') to set aside the arbitral award dated 31.12.2021.

2. When the matter is taken up for hearing, a preliminary objection was raised by the learned Senior Counsel appearing for the respondent by contending that the O.P itself is liable to be struck off for the reasons that the same had been filed beyond the period of limitation as the petitioner had paid the deficit Court fee only on 07.07.2022, whereas the period of limitation would at any extent came to an end on 03.06.2022. Hence, this Court had directed the respective counsels to address on the issue of limitation for further proceeding in the matter.

3. Heard Mr.AR.L.Sundaresan, learned Additional Solicitor General appearing for Mr.M.Karthikeyan, learned counsel appearing for the petitioner and Mr.R.Parthasarathy learned Senior Counsel appearing for Mr.S.Mohanasundararajan, learned counsel appearing for the respondent.

4. The learned Additional Solicitor General would submit that an Award was initially passed on 31.12.2021 and the same was received by the parties on 06.01.2022. A

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