V. VIJAYA LAKSHMI Vs. ADDITIONAL CHIEF ENGINEER

JUDGEMENT

(1.) Heard Ms. Sangita Agarwal, learned counsel for the appellant. Also heard Mr. Vivek Kohli, learned Advocate General, Sikkim appearing for the respondent.

(2.) This appeal under Section 37 (1) (c) of the Arbitration and Conciliation Act, 1996, for short 'the Arbitration Act', is preferred against the judgment dated 25.10.2018 passed by the learned District Judge, Special Division-II, Sikkim at Gangtok in Arbitration Case No. 4 of 2017, dismissing the petition filed by the appellant under Section 34 of the Arbitration Act not only by holding that the same is time-barred but also recording a finding that the appellant had failed to make out any ground for interfering with the Award.

(3.) At the very outset, Mr. Kohli submits that in view of the judgment of the Hon'ble Supreme Court in the case of P. Radha Bai and Ors. v. P. Ashok Kumar and Anr., (Civil Appeal Nos. 7710-7713 of 2013), reported in 2018 SCC Online SC 1620, there is no escape from the conclusion that the application of the appellant was time-barred.