UNION OF INDIA Vs. BHOLA PRASAD AGRAWAL

JUDGEMENT

(1.) The instant appeal has been preferred against the order dtd. 17/2/2020 (Annexure A1) passed by the District Judge, Ambikapur in M.J.C. (Civil) No.3 of 2020 arising out of the order dtd. 7/3/2018 (Annexure A4) passed by the Additional Commissioner/Arbitrator under the provisions of National Highways Act, 1956 (henceforth 'the Highways Act'). The District Judge/Principal Civil Court has rejected the application moved under Sec. 34 of the Arbitration and Conciliation Act, 1996 (henceforth 'the Arbitration Act') on the ground of limitation.

(2.) The short question involved for consideration in this arbitration appeal is whether the District Judge was justified in rejecting the appeal/application moved under Sec. 34(2) of the Arbitration Act only on the ground of limitation.

(3.) Facts of the case, in short, are that for upgradation and widening of National Highway No.78 (Ambikapur to Patthalgaon Sec. ) certain acquisition took place wherein Respondent 1's land was also acquired and award was granted under Sec. 3G of the Highways Act by Respondent 2 in Land Acquisition Case No.02/A-82/2015-16 (Annexure A2) and the amount for acquisition was granted to Respondent 1 vide order dtd. 17/10/2016. Respondent 1 being dissatisfied by the award passed by the competent authority filed application before the Arbitrator, Surguja Region, wherein after perusal of the claim proposed by Respondent 1, the Arbitrator vide order dtd. 7/3/2018 (Annexure A4) enhanced the award granted by Respondent 2. The Appellant being aggrieved by the order dtd. 7/3/2018 preferred an appeal under Sec. 34 of the Arbitration Act on 21/1/2020 (Annexure A5). Vide the impugned order dtd. 17/2/2020 (Annexure A1), the District Judge/Principal Civil Court, Ambikapur rejected the appeal/application only on the ground of limitation. Hence, this appeal moved by the Appellant under Sec. 37 of the Arbitration Act.