Amit Rawal, J. - (1.) The appellant-Punjab State Warehousing Corporation (for short 'the Corporation') is aggrieved of the dismissal of the objections under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter called 'the 1996 Act') for setting aside the Award dated 03.06.2005, whereby the claims have been rejected.
(2.) Mr. Harsh Aggarwal, learned counsel appearing on behalf of the appellant(s)-Corporation has drawn the attention to the claim to submit that the jurisdiction of the Arbitrator with claim of 1/ economic times was falling under Clause 5(v) (i) of the agreement, whereas it was under 5(iii), therefore, there is a misreading of the terms and conditions of the agreement. As per Article 112 of the Limitation Act, 1963 (hereinafter called 'the 1963 Act'), the limitation to claim the amount for crop year 1996- 97 is 30 years, therefore, the claim, aforementioned could not have been rejected, though the claim was lodged in the year 2002. The objections aforementioned were falling within the realm of Section 34 of the 1996 Act, but the same have been declined, thus, urges this Court for setting aside the findings under challenge.
(3.) Mr. S.K. Singla, learned counsel appearing on behalf of respondent No.1 submits that the appellant-Corporation is a Board and is not a part of Government and therefore, it would not be able to take the benefit of the provisions of Article 112 of the 1963, whereas the provisions of Article 137 of the 1963 Act would apply as the claim was lodged in the year 2002 for the crop year 1996-97, thus, urges this Court for affirming the findings under challenge.;