JAY SONS Vs. PREM NATH & CO.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In this case, the award was given by the arbitrator appointed by Delhi Hindustani Mercantile Association (Regd.) (hereinafter referred to as the 'Association') on 28.9.93, namely, Sh. Bal Kishan Dass Jain. One of the conditions of the arbitration agreement provided that "any person who is aggrieved by the award of the arbitrator could file an appeal within 30 days from the date of the award." In this case, the award was communicated on 30.9.93. The appeal was filed on 28.10.93. Clause 7 of Rule 37 of the Rules and Regulations of the Association provides that in case any party aggrieved by the decision of the arbitrator, then they aggrieved party can file an appeal within 30 days from the date of such decision. There is a note appended to this Rule, which provides that in case the period of limitation expires on any day which is a holiday, then that day would not be counted. The appeal was not considered by the Appellate Forum of the Association comprising of Sh. Sat Ram Aggarwal, Chairman, Sh. Raj Kumar Tulsiani and Sh. Subhash Rustogi, Members of the Tribunal.

(3.) Grievance of the appellant is that the Appellant Tribunal could not reject the appeal on the ground of limitation of 30 days, for 30 days had not yet expired, for the appeal itself was filed on 28.10.93.