APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 No. 254 of 2025 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 No. - 254 of 2025 The Superintending Engineer and another .....Appellant(s) Versus Proprietor Smt. Aneeta Devi .....Respondent(s) Counsel for Appellant(s) : Rajiv Singh, S.C. Counsel for Respondent(s) : Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This appeal is directed against order dated 30.06.2025 passed by Commercial Court, Gorakhpur whereby the application filed by the appellants under Section 34 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') has been dismissed as barred by limitation. 2. The award against which application under Section 34 of the Act was filed was passed by the Arbitrator on 14.07.2017. Claiming that the award was received by the appellants on 25.07.20217, application was filed under Section 5 of the Limitation Act seeking condonation of delay in filing the application under Section 34 of the Act. 3. The respondent contested the submissions made in this regard and submitted that copy of the award by the Arbitrator was served on the appellants on 15.07.2017 i.e. on the next day of passing o