(1.) THIS is an appeal filed under Section 37(1)(b) of Arbitration and Conciliation Act, 1996, challenging the order dated 23.06.2012 passed by the learned I Addl. District & Sessions Judge, Tumkur, in case bearing A.C. No. 2/2006.
(2.) THE appellant herein was the petitioner in the said arbitration case filed under Section 34(3) of Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Arbitration Act' for short). Respondents herein were the respondents in the said case. The petitioner had challenged the award passed by the learned Arbitrator Sri V. Lingarajaiah, Chief Engineer. Sri V. Lingarajaiah, being the Chief Engineer was the sole arbitrator in the said case. He chose to pass an award dated 28.10.2005 and sent a copy of the award to the appellant herein through registered post.
(3.) IN regard to the condonation of delay, the appellant herein did not choose to lead evidence and therefore, the learned District Judge chose to hear the arguments on delay condonation application filed under Section 5 of Limitation Act read with Section 34(3) of the Arbitration Act. The said application has been dismissed as time barred vide order dated 23.06.2012. It is this order which is called in question on various grounds as set out in the appeal memo.