MUNCHUR INDUSTRIES LTD Vs. MARUTI UDYOG LTD

JUDGEMENT

(1.) By way of the present application, respondent-objector has filed objections under Section 30 of the Arbitration Act, 1940 (hereinafter referred to as "Act, 1940") challenging the Award dated 17th July, 1998 passed by learned Umpire, Mr. Justice Charanjit Talwar (Retd.).

(2.) Since in the present case, none had appeared for petitioner- claimant on several dates, I requested Mr. Sandeep Sharma, Advocate, who happened to be present in Court, to assist this Court as Amicus Curiae. I am happy to note that at short notice Mr. Sharma, accepted my offer.

(3.) Mr. S.K. Chaudhary, learned Counsel for respondent-objector drew my attention to Paragraph 5 of First Schedule of Act, 1940 which prescribes that an Umpire has to make his award within two months of entering upon the reference or within such extended time as the Court may allow. Mr. Chaudhary stated that in the present case, learned Umpire had entered upon reference on 15th September, 2007 but the Award had been passed on 17th July, 1998. He contended that as the Award had been rendered much after the expiry of stipulated period of two months, the same was null and void.