AJVINDER SINGH BAGGA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application by the respondent/objector (hereinafter referred to as objector for the sae of convnience) under Section 5 of the Limitation Act for condonation of delay in preferring the objections against the award dated 6.12.1990.

(2.) The case of the objector is that they came to know with regard to the filing of the award on 29.7.1991. They thereafter inspected the court file and learnt that the notice of the filing of the award was allegedly served on the objector on 4.3.1991. In fact the objector were never served with the said notice inasmuch as the address of the respondent has been wrongly mentioned in the notice. The address of the respondent as given in the notice :- The Secretary, Ministry of Urban Development, Govt. of India, New Dehi. Whereas the correct address of the respondet is :- Lxecutive Engineer II, MBR Housing Project, CPWD, Sewa Bhawan, R.K. Puram, New Delhi.

(3.) In the circumstances, stated above, the objector could not be deemed to have been served. Hence the period of limitation would start running from 29.7.1991. The period of limitation thus computed would expire on 29.8.1991. The objections were filed on 7.8.1991. Hence the same are within the statutory period of one month from the date of the notice of the filing of the award. It has thus been prayed that the delay in filing the objections be condoned and the objections be taken on record. The objections are supported by an affidavit sworn by Shri. R.N.Tyagi, Executive Engineer. The application has been vehemently opposed by the counsel for the petitioner inter alia on the following grounds: that the application is false and frivolous. It is liable to be dismissed. The address given in the notice of the objector is quite correct.