LAWS(DLH)-2001-12-30

SURINDER AND CO Vs. DELHI DEVELOPMENT AUTHORITY

Decided On December 14, 2001
SURINDER AND COMPANY Appellant
V/S
DELHI DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) In pursuance of the award having been filed notices had been issued and objections have been filed by M/s Surinder & Co against the award. Various grounds had been taken assailing the award in the objections filed under Section 30 and 33 of the Arbitration Act, 1940. Notice was issued and the Delhi Development Authority in the reply filed to the objections has contested the same. On 10/02/2000 this court had framed the following issues;

(2.) During the course of submissions learned counsel for the respondent took up the preliminary objection that objections under Section 30 and 33 of the Arbitration Act, 1940 wore not maintainable. It was urged that the award has been pronounced after the repeal of the Arbitration Act, 1940 and therefore in accordance with the agreement between the parties the objector could only apply in terms of Section 34 of the Arbitration and Conciliation Act, 1996. In the reply thereto the learned counsel for the objector contended firstly that such an objection had not been taken in the reply and in any case according to him since the proceedings had commenced before the coming into force of the Arbitration and Conciliation Act, therefore, the objections were maintainable under Section 30 read with Section 33 of the Arbitration Act, 1940.

(3.) So far as the first objection raised on behalf of the objector is concerned opportunity was given to the learned counsel for the objector to address with respect to the argument raised by the learned counsel for the DDA. On that count therefore the learned counsel for the objector can have little objection. In any event since this matter goes to the root of the controversy and it has therefore to be seen whether the objections are maintainable or not and the question being purely legal it is unnecessary therefore to allow the objections iN this regard to prevail. Legal questions can always be agitated irrespective of the fact whether it is one of the pleas raised in the pleadings or not. All these controversies has to be examined on the touchstone of prejudice, if any, that is caused. If no prejudice is caused to the objector who has been given opportunity to address the argument in this regard the contention must fail.