LAME TRANSPORT CO Vs. UNION OF INDIA

JUDGEMENT

(1.) Against an award dated 19.7.1988, the applicant/respondent. Union of India, filed its objections under Sections 30 & 33 of the Arbitration Act, 1940, which came up for hearing on 7th of April, 1997. There was, however, no appearance on behalf of the applicant/respondent. Its objections were, thus, dismissed. The award was made rule of the court and a decree was passed in terms thereof.

(2.) The applicant/respondent filed an application being .IA .No .7209/01 under Order IX Rule 13/ Order XLVII Rule 1 CPC on 2nd of August, 2001. It was accompanied by an IA.No.7210/01 under Section 5 of the Limitation Act seeking condonation of Delay in making the said IA.7209/01. Another IA.No.7211/01 under Order XXXIX Rules 1 & 2 CPC had also been filed for stay of operation of the decree dated 7.4.1997.

(3.) The applicant/respondent being stationed at Dantak, Bhutan, with no office in Delhi, had allegedly been dependent on the Litigation Branch at Delhi for prosecuting its objections against the award. The objections were dismissed on 7th of April, 1997 since the Government counsel, who had been entrusted with the case to handle the same, failed to appear before the Court on that date. For a long time, no intimation was received by the applicant/respondent from the Government counsel in spite of a number of letters/reminders in that respect. Eventually, a request for appointment of a new counsel was made to the Ministry of Law. But, the new counsel declined to deal with the case on the plea that the same had already been mishandled by the previous counsel. The case was, therefore, re-routed through Ministry of Law to the previous counsel. Vide letters dated 9.2.1999, 24.2.1999, 25.6.1999 and 30.10.1999, the previous counsel was requested to intimate the latest position in the case as well as to obtain a copy of the order, and forward the same to the applicant/respondent with her opinion thereon. Eventually a certified copy of the order dated 7.4.1997 was handed over to the representative of the applicant respondent by the previous counsel on 11th of February, 2000 only.