The respondent raised a dispute in regard to the payment for extra work, which was referred to arbitration.
The respondent resisted the application companytending that the petition under section 34 was filed beyond the period of 3 months plus 30 days and therefore, was liable to be rejected.
Feeling aggrieved the appellant has filed this appeal by special leave.
11th November, 2007 being a Sunday was also a holiday.
The postal companyer companytaining the award was received by a peon beldar in the office of the Executive Engineer on 10.11.2007 a Saturday which was a government holiday.
The petition was accompanied by an application under sub section 3 of section 34 of the Act, for companydonation of delay of 28 days in filing the petition.
A petition under section 34 of the Arbitration and Conciliation Act, 1996 Act for short was filed by the appellant on 11.3.2008, challenging the arbitral award.
The arbitrator made an award dated 5.11.2007 in favour of the respondent and sent it to the parties by speed post.
It was received by the Executive Engineer on 12.11.2007.
The appellant State of Himachal Pradesh represented by the Executive Engineer, IPH Division, Hamirpur entered into a companytract with the respondent on 15.7.2002, for the companystruction of a water purification plant.
V.RAVEENDRAN, J. Leave granted.
Heard.
