KHURSHEED ALI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is directed against the order dtd. 20/9/2023 passed by learned District Judge, U.S. Nagar in Arbitration Case No.22 of 2018, Project Director National Highway vs. Khurshid Ali and others, whereby the objection of the petitioner i.e. 22C was rejected.

(2.) Heard learned counsel for the parties.

(3.) From perusal of the record, the facts which are not in dispute that an arbitration award was passed by the Arbitrator on 13/5/2016 and there-against the respondent-N.H.A.I. had filed an application for setting-aside the award under Sec. 34 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') in the court of District Judge, Udham Singh Nagar on 9/4/2018. The said application was registered as Arbitration Case No.22 of 2018, Project Director National Highway vs. Khurshid Ali and others, the notices were issued to the petitioners and an Application No.22C was filed by them objecting that the arbitration case under Sec. 34 of the Act is highly beyond time, as according to the law, only 90 days limitation is there to challenge the award under Sec. 34 of the Act. In the application, it is also stated by the petitioners that the award was in the knowledge of the respondent-N.H.A.I., as a writ petition was filed before this Court and in that writ petition, the N.H.A.I. has put in appearance, therefore, they were well aware of the award and accordingly, the same is beyond time, even if it is taken from the date of knowledge.