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Judgment
Arindam Sinha, J
Mr. Pal, learned advocate appears on behalf of respondent in the appeal. The grounds of appeal argued by Mr. Mahapatra, learned advocate appearing on behalf of appellant, stood formulated in the order dated 9th December, 2021.
2.Mr. Pal relies on section 19 in Limitation Act, 1963. He submits, the last payment was made in year 2000. It is to be demonstrated that the payments earlier made were made voluntarily for the purpose of extension of limitation period up to year 2000, when last payment is said was made for corresponding extension of the period for three years thereafter. On the second point, Mr. Pal submits, the Tribunal obtained satisfaction on facts regarding sending of 238 bills by his client to appellant. The lower Court in dealing with challenge to the award found that there was deliberation on the question of fact by the Tribunal and, therefore, did not interfere. On third ground adjustment of payment on statutory bills Mr. Pal submits, the adjustment happened earlier and thereafter his client's claim, which was awarded. He will make submissions regarding absence of arbitration agreement on adjourned date. He files date chart-cum-note.
By consent, list on 11th January, 2022.
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