BABU LAL SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, Babu Lal Sharma, proprietor of M/s Rajasfhan Decorators had entered into a contract with the Union of India for execution of the work of provision of Porta Cabin at Mandi House. An agreement in this regard had been executed. The said agreement contained an arbitration clause according to which all matters of dispute were required to be adjudicated upon by an arbitrator to be appointed by the Chief Engineer (Civil). Disputes had arisen between the parties and the arbitrator in terms of the arbitration agreement had been appointed. The arbitrator had submitted the award and the petitioner claims that the award should be made a rule of the court and for a decree to be passed In terms of the award.

(2.) . Objections have been filed by the Union of India for setting aside of the award and also with respect to the fact that the counter claim filed by the Union of India should be allowed.

(3.) . Along with the objections, an application under Section 5 of the Limitation Act has been preferred seeking condonation of delay In filing of the objections. It had been asserted that the notice had been received by the Ministry of Information and Broadcasting. The notice had been Issued to the Secretary, Ministry of Information and Broadcasting. The name of the department was not known. It had been received on 2/12/1997. It was rotated between different departments and as soon as opinion by the Central Government was received the objections have been filed. In this process It was claimed that delay of 93 days that occurred may be condoned.