(1.) Heard.
(2.) Challenge in this appeal is to the order of a learned Single Judge of the Orissa High Court dismissing the miscellaneous appeal filed by the present appellant. In the miscellaneous appeal which was filed under Section 39 of Arbitration Act, 1940 (in short the Act ) challenge was to the order passed by learned Civil Judge, Senior Division, Angul making the award rule of the Court.
(3.) The primary stand before the High Court was that the claim made by the respondent-contractor was barred in terms of Section 137 of the Limitation Act, 1963, (in short Limitation Act ) The High Court did not accept the stand of the appellant.