HINDUSTAN CONSTRUCTION COMPANY LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal by special leave against the judgment of the Punjab High Court and arises in the following circumstances. The appellant entered into a contract with the Union of India, respondent herein, for construction of certain highway bridges. In connection with the execution of the contract, some dispute arose between the parties and were referred to the joint arbitration of Sri B. K. Guha and Shri N. P. Gurjar. As there was difference of opinion between the two arbitrators, the matter was referred to an umpire, namely, Sri Dildar Hussain, retired Chief Engineer, Hyderabad. The umpire recorded evidence of the parties and gave his award on May 27, 1981. It appears that the award was made in duplicate and one copy was sent to each party. On August 4, 1961, the appellant made a petition before the Subordinate Judge, First Class, Delhi, under Ss. 14 and 17 of the Arbitration Act, No. 10 of 1940, (hereinafter referred to as the Act). It was prayed that the umpire be directed by the Court to cause the award or a signed copy thereof together with any depositions and documents which might have been taken and proved before him to be filed in Court (S. 14). It was further prayed that a judgment be passed in terms of the award (S. 17).

(2.) It appeals that on this petition the Court issued notice to the umpire to file the award and the arbitration proceedings. On September 13, 1961, the umpire wrote to the Court that he was forwarding along with, that letter the award in the case duly signed and certified by him. On November 1, 1961, an objection was taken on behalf of the respondent that the award said to have been filed by the umpire had not been validly and legally filed under S. 14 and as such no proceedings in pursuance of the said filing could be taken in Court.

(3.) This objection was considered as a preliminary objection by the Subordinate Judge. He came to the conclusion that the document filed in Court was neither the original award nor a signed copy thereof, and as such the Court could not take any action on that document. He therefore allowed the objection and dismissed the application under S. 17 for passing a judgment in terms of the award. The appellant then went in session to the High Court. The High Court dismissed the revision application holding that the document filed in court was admittedly not the original award and that it was clear from a perusal of the document itself that it was not a signed copy thereof. Certain alternative arguments were submitted to the High Court which were rejected and the revision application thus failed. Thereupon the appellant obtained Special leave, and that is how the matter has come up before us.