Order

16/10/2024

1. Appellant has filed this misc. appeal aggrieved by order dated 29.01.2020 passed by Commercial Court No.4, Jaipur, whereby application filed by the appellant under Section 34 of The Arbitration and Conciliation Act(hereinafter called as the ‘Act’) was rejected and the award dated 07.08.2012 passed by Arbitral Tribunal was upheld.

2. It is contended by counsel for the appellant that Artibral Tribunal has erred in passing the award as the same was barred by limitation. It is also contended that Arbitral Tribunal has erred in passing octroi and sales tax without there being any proof of payment of octroi.

3. Our attention has been drawn to the minority award of the Arbitral Tribunal whereby it is mentioned that respondents will be entitled to receive octroi on submission of proof thereof.

4. Counsel for respondents has vehemently opposed the appeal. It is contended that work was completed and the completion certificate was issued on 16.06.1994. A legal notice for arbitration was issued on 23.05.1997 which was within the prescribed period of limitation. It is also contended that claim was raised on 23.05.1997 and the same is within limitation as per Sections 21 and 43(2