URMIL MALIK Vs. NATIONAL SAVINGS ORGANISATION

JUDGEMENT

(1.) BEFORE dealing with the case on merits. I have to deal with I.A.2281/89 u/S. 5 of the Limitation Act has been filed by National Savings Organisation (NSO) for condoning the delay in filing objections to the award. In this application, it is stated that notice was served on 3.2.1989 and objections could not be filed on 1.3.1989 as the filing counter was closedat4.10p.m. However, from objections which are on record the date of filing is 1.3.1989. Apparently it was under objections and it was refiled on 17.3.1989.

(2.) NORMALLY time which is given to refile the petition after removing objections by the registry, according to the practice in this Court is 7 days. The objections have apparently been filed after the time which is normally allowed. There is no reply to this application as copy of this application had not been given To the opposite counsel. In any case I have heard Mr. Verghese on his objections and I intend to deal with these objections in my order on merits. In view of the facts and circumstances of the case, I condone the delay.

(3.) I am of the opinion that the arbitrator in this case has properly awarded the amount which became payable on account of commission. This amount would have been payable to Smt. Urmil, had Smt. Urmil continued to be an agent, as she had been for many years past. I, therefore, reject the objections to the award made by National Saving Organisation vis-a-vis the amount of Rs. 9,438.40 and the sum of Rs. 3,090.60 and make the award with respect to these amounts, a rule of the Court.