UNION OF INDIA Vs. DAYAMATI BUILDERS

JUDGEMENT

(1.) Objections under Section 34 of the Arbitration and Conciliation Act, 1996 have been filed by the petitioner, Union of India to challenge the award dated 10.07.2000 passed by the sole arbitrator Mr. G.S. Mehta in respect of the claims of respondent No. 1 M/s Damyanti Builders. A preliminary objection regarding the bar of limitation has been raised by the respondent.

(2.) I have heard learned Counsels for the parties on the said preliminary objection, and in my view, there is merit in the same and the present objections appear to be barred by limitation. The brief facts may be noted in this respect.

(3.) The learned arbitrator rendered his award on 10.07.2000. The same, according to the petitioner, was received by it on 15.07.2000. The petitioner filed objections under Section 34 of the Act before the Court of the District Judge on 30.09.2000. The objections preferred by the petitioner were allowed and the award was set aside vide order dated 03.08.2001. The respondent preferred a first appeal before this Court to challenge the order of the learned Additional District Judge. The said appeal, being FAO No. 634/2002, was allowed by this Court on 28.11.2003 on the ground that the objections preferred by the petitioner herein before the District Judge, were without jurisdiction. This Court directed that the application under Section 34 of the Arbitration and Conciliation Act, as filed by the petitioner herein, be returned for its presentation in the High Court. The petitioner, thereafter, obtained the certified copy of the order passed in the aforesaid first appeal and filed the same before the District Court on 08.02.2004. On 09.02.2004 the District Judge returned the objection preferred under Section 34 with the requisite endorsements. On 13.02.2004 the present objections were filed before this Court.