- (1.) The appellant-National Highway is aggrieved of the dismissal of the objection filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter to be referred as 'the Act') seeking setting aside of the award dated 25.07.2011, having been dismissed on the ground of limitation as well as on merits.
(2.) Mr. R.S. Madan, learned counsel appearing on behalf of appellant submits that though appellant participated in the proceedings before the Arbitrator but the copy of the award as per provision of Sub-Section 5 of Section 31 was not supplied. On receipt of the same, the objection was filed on 31.07.2012. There was no delay and, therefore, objection cannot be said to have been barred as per the provision of Sub-Section 3 of Section 34 of the Act. The arbitrator had assessed the compensation at the rate of Rs. 70,000/- per marla which is on the higher side and also imposed the condition of interest at the rate of 9%, 15%, 18% if payment is not deposited during the time granted vide notification. Awarded compensation is phenomenal thus not sustainable, and thus urges this Court for setting aside of the award.
(3.) I have heard learned counsel for the appellant and appraised the paper book.;