UNION OF INDIA Vs. MANAGER JAIN AND ASSOCIATES

JUDGEMENT

(1.) Leave granted.

(2.) Question involved in this appeal is - whether provisions of Order IX, Rule 13 of the Code of Civil Procedure (for short referred to as "the CPC" or the principles thereof are applicable in a case where objections under Section 33 of the Arbitration Act, 1940 (for short referred to as "the Act") are not filed and ex parte decree is passed on the basis of the award filed before the Court by making the award rule of the Court. The High Court has arrived at the conclusion that Order IX, Rule 13, CPC is not applicable in such cases.

(3.) Before appreciating the contentions, we would refer to few dates pertaining to the question involved. Both the parties to the present appeal were having disputes regarding the work of design and construction of two lane road bridge (both sub-structure and super structure) across Feeder Canal at R. D. 16.5 (Balance Work). In a Special Suit No. 31 of 1993 filed by the present respondent, the High Court of Calcutta vide its order dated 25-6-1993 directed appointment of arbitrator to settle their disputes. The arbitrator passed an award on dated 28-12-1996 against the appellants herein which was filed before the High Court on 6-3-1997. Notice for filing objections was received by the appellants on 21-03-1997. Time of 30 days for filing the objections expired on 20-4-1997, which was a Sunday and, therefore, the date stood extended to 21-4-1997. The matter was placed before the Court on 28-4-1997 and on that day the Court rejected the oral prayer of the learned counsel for the appellants that since objection application under Sections 30 and 33 of the Act was under preparation, time to file such application be granted. The award was made rule of the Court on the same day. On 5-5-1997, appellants filed an application for setting aside the ex parte decree and also submitted that application under Section 30 was ready. In the said application, grounds for setting aside the award and for condoning delay in filing application were mentioned. Thereafter, another application under Section 33 of the Act raising objections against the award was also filed on 16-5-1997. The learned Judge by order dated 25-9-1998 dismissed the said application.