BORTH WESTERN RAILWAY Vs. S.K.SIDHA

JUDGEMENT

(1.) This Appeal under Sec. 37 of the Arbitration and Conciliation Act, 1996 (henceforth referred to as 'Act of 1996') has been preferred by the Railways (in short, 'the appellants') against the order dtd. 31/7/2021 passed by the learned Judge, Commercial Court No.1, Jodhpur, in Civil Misc. 'A; Case No./NCV No.03/2019, whereby the application preferred by the appellants under Sec. 34 of the Act of 1996, assailing the award dtd. 10/9/2018, was dismissed.

(2.) Brief facts of the case, as placed before this Court by learned counsel for the appellant, are that a Notice Inviting Tender (NIT) was issued by the appellants, pertaining to for washing, drycleaning, ironing of bed role items for AC Coaches and retiring rooms at Jodhpur Railway Station for a period of three years i.e. 14/1/2005 to 31/1/2008, and on conclusion of the tender process and acceptance of the bid (rates) offered by the respondent No.1-Firm (in short, 'the respondent') to the tune of Rs.48,48,949.50 per year, which in total amounts to Rs.1,45,46,848.50 for three years, a work order dtd. 13/1/2005 was issued in favour of the respondent.

(3.) Learned counsel for the appellant submits that the claim of the respondent is barred by limitation and the objection in regard thereto was also raised before the learned Sole Arbitrator as well as the learned Commercial Court, but the same did not receive due consideration, and therefore, the impugned award as well as the order deserve to be quashed and set aside.