M L MAHAJAN Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) QUANTUM physicists reveal that the world inside the atom - with its whizzing elementary particles and clouds of electrons - is just as grand as the universe itself. The point in issue is also microscopic and it too constructs a magnum opus though, unfortunately, of grand contusion, callousness and utter chaos in none other but the big blooming Delhi Development Authority.

(2.) FIRST the facts. Disputes and differences having arisen between the parties, reference was made to the Arbitrator who made his award on 5th of March, 1987. This was followed by a petition under section 14 of the Arbitration Act, and a consequent notice of filing of the award and the proceedings, to the parties. The Delhi Development Authority was served with the notice on July 28, 1987. Since no objections were filed by either of the partics, the award was made the rule of the court and decree was passed in terms thereof. This was on September 14, 1987. On May 11, 1988, the Delhi Development Authority moved two applications, one under Order 9 rule 13 of the Code of Civil Procedure and the other under Section 5 of the Limitation Act seeking condonation of delay in the making of the application under Order 9 rule 13 of the Code.

(3.) I may mention that both these judgments were noticed in the judgment of this Court in M/s. Bhagwan Dass and Bros v. Ghulam Ahmed Dar and Ors. (supra) and were distinguished on facts. However, the Court, while dealing with the Calcutta High Court judgment in Ganeshmal v. Kesoram Cotton Mills (supra) further observed: