G S D CONSTRUCTION Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted. Heard learned counsel.

(2.) This virtually is an appeal against the judgment and order of a learned single Judge of the High Court of Patna affirming in appeal a decision of the Subordinate Judge, Bhabua whereby making the award of the Arbitrator as the Rule of the Court was declined. The Letters Patent Appeal preferred against the order of the learned single Judge was dismissed as not maintainable.

(3.) The appellant herein filed an application under Section 20 of the Arbitration Act, 1940 before the Court in connection with his dispute with the Respondent-State of Bihar. While the Court was in seisin of the application, the parties referred the dispute to a named Arbitrator who gave an award beyond the two months time stipulated for the purpose. When the award was sought to be made the Rule of the Court, bar of limitation was successfully set up before the Subordinate Judge, which bar was affirmed by the High Court in the judgment under appeal.