BHARAT COKING COAL LIMITED Vs. C K AHUJA

JUDGEMENT

(1.) In Civil Appeal Nos. 3882 85 of 1990 and SLP (Civil) Nos. 10832 33 of 1989 this Court by order dated November 18, 1991, referred the disputes and differences in the said Civil Appeals and leave applications to arbitration by consent of parties. The order passed on November 18, 1991 is to the following effect:

(2.) The sole arbitrator thereafter entered the reference and parties to the arbitration appeared before the arbitrator and made submissions. The arbitrator thereafter made an award on February 14, 1994 and such award was filed before this Court by the arbitrator. The Registry of this Court gave notice of filing of the award on April 29, 1994 to the learned Counsel for both the parties, the respondents namely M/s. C.K. Ahuja and another made an application under Sections 14(2), 17 and 29 of the Indian Arbitration Act, 1940 on July 11, 1994 before this Court inter alia praying that the award dated February 14, 1994 delivered by the sole arbitrator, Shri J.P. Thakur, be made rule of Court and interest @ 24% be also given to the appellants on the awarded sum from the date of the award. It appears that Civil Appeal Nos. 3882 85 of 1990 were listed on March 22, 1993 for hearing but in view of the fact that the disputes relating to the appeals had been referred to arbitration by consent of parties this Court by order dated March 22, 1993 dismissed the said apeals.

(3.) The applications under Sections 14(2), 17 and 29 of the Indian Arbitration Act came up for hearing but on the prayer of Mr. G.S. Chatterjee, the learned Counsel for M/s. Bharat Coking Coal Ltd., a direction was given to issue fresh notice on M/s. Bharat Coking Coal Ltd. about the filing of the award. Such notice, however, was issued without prejudice to the contentions of learned Counsel for M/s. C.K. Ahuja and another that the period for filing objections was already barred by limitation. The objections to the award have, however, been filed on November 20, 1994.