STATE OF BIHAR Vs. RAMESHWAR PRASAD

JUDGEMENT

(1.) - Special leave granted.

(2.) The short point which arises for consideration is whether in the instant case the period of limitation under Art. 119 in the Schedule to the Limitation Act, 1963 runs from the date of filing of the Award or the date of service of notice thereof by the Court. The facts reveal that the Arbitrator forwarded his Award in a sealed cover to the Court on 17-2-1988. The Court opened the sealed cover in the presence of counsel for both the parties on 23-2-1988, pursuant to an application made in that behalf on 19-2-88. The objection petition was filed on 24-3-88 i.e. on the 31st day after the Award was made known to the parties on 23-2-88. The counsel for the appellant submits that under Art. 119 referred to earlier, the period of limitation runs from "the date of service of the notice of the filing of the Award". Indisputably in the instant case no notice was issued by the Court but the Award was made known on 23 -2-88. The point seems to be covered by the decision of this Court in the case of Indian Rayon Corporation Ltd. v. Raunaq and Co. Private Limited, AIR 1988 SC 2054. In paragraph 6 of that judgment this Court observed:

(3.) Assuming for the sake of argument that when the sealed envelope was opened and the award was made known to the parties through their counsel, the period of limitation began to run against the party questioning the award. Even so, in computing the period of limitation of 30 days the day the parties were informed of the nature of the Award, i.e. 23-2-8 8, would have to be excluded in view of section 12(1) of the Limitation Act. If that date is excluded, the objections filed within 30 days, i.e. on 24-3-88, were clearly within time. Therefore, even if this case is treated as belonging to category 'c' referred to in the observation extracted from paragraph 10 of the judgment referred to above there is no doubt that the objection petition was filed within the period of limitation prescribed by Art. 119, Clause (b), in the Schedule to the Limitation Act. In that view of the matter, this appeal must be allowed and the order passed by the High Court must be set aside. The matter will go back to the Trial Court for disposal of the objection petition in accordance with law. No order as to costs.