NATIONAL HIGHWAY AUTHORITY OF INDIA Vs. NARAYAN DASS

JUDGEMENT

(1.) The appellant is aggrieved by the judgment dtd. 2/5/2023, passed by the learned District Judge, whereby its application moved under Sec. 34 of the Arbitration and Conciliation Act, 1996, (the Act in short) was dismissed as barred by limitation.

(2.) Heard learned counsel for the parties and considered the case file.

(3.) Admitted facts are that: - An award was passed on 3/2/2022 by the learned Divisional Commissioner, exercising powers of Arbitrator under the National Highways Act, 1956. The appellant received certified copy of the award on 13/10/2022. Three months' time available to the appellant in terms of Sec. 34(3) of the Act for assailing the aforesaid award lapsed on 12/1/2023. Admittedly, award dtd. 3/2/2022 had not been assailed by the appellant till 12/1/2023.