J&K POWER DEVELOPMENT DEPARTMENT Vs. KEC INTERNATIONAL LTD.

JUDGEMENT

(1.) This order will dispose a bunch of three appeals bearing LPA Nos. 50-52 of 2019. The facts are being noticed from LPA No. 50/2019.

(2.) The present appeal has been filed impugning the judgment dated 06.04.2018, passed by Learned Single Judge whereby application filed by the appellant under section 34 of the J&K Arbitration and Conciliation Act, 1997 (for short 'the Act'), was dismissed.

(3.) Impugning the aforesaid judgment, the learned counsel for the appellant submitted that no doubt there was a delay in filing the application under section 34 of the Act, however, the fact remains that the appellant had earlier filed an application under section 33 of the Act for correction of the errors in the interim award. The same was dismissed on 02.10.2017. Immediately thereafter, application under section 34 of the Act was filed on 29.10.2017. Hence, the same cannot be said to be barred by limitation. Such an application could be filed in terms of the section 33 of the Act as there was error in the interim award passed by the Arbitral Tribunal (for short 'the Tribunal'). Against the admitted amount, the appellant had also raised counter claim. In the light of that counter claim, interim award could not be passed by the Tribunal as even the admitted amount was subject to final adjudication of the counter claim made by the appellant.