UNION OF INDIA Vs. DEEPAK ELECTRIC TRADING CO

JUDGEMENT

(1.) THIS appeal is against the order passed on 28.9.1991 by learned Single Judge of this Court dismissing the appellant's objections to the award of arbitrator as time barred. Facts in brief are that on 17.6.1996 the arbitrator made and published his award. An application under Sections 14 and 17 of the Arbitration Act, 1940 was filed by the respondents 8.7.1996 praying that the arbitrator be directed to file his award along with complete record and after award is received the same be made rule of the court and decree be passed thereupon in terms of the award.

(2.) NOTICE of this application was directed to be issued to the arbitrator for 14.10.1996 calling upon him to file award and the proceedings. On 14.10.1996 it was noticed that the award has since been filed. Notice of filing of the award was directed to be issued to the parties without process fee for 13.1.1997. It appears that notice for 13.1.1997 was issued to the Executive Engineer but same could not be served. The report was that he was out of station. Notice was also not served on the respondent. Fresh notices were directed to be issued for 1.4.1997. Notice was served upon Union of India but service of the notice on the Executive Engineer was still awaited. Fresh notice was accordingly directed to be issued to the Executive Engineer for 17.7.1997. In the meanwhile, an application (IA. 349/97) was filed on behalf of the respondent on 15.4.1997 stating that the Union of India had not correctly been arrayed and it should be arrayed as follows: -

(3.) ON 17.7.1997 on behalf of the respondent notice of filing of the award was accepted. Notice was directed to be issued to Union of India and Executive Engineer without process fee. Notice on Union of India was served on 29.7.1997. Notice could not be served on the Executive Engineer. It was still awaited. On 23.7.1997 objections were filed on behalf of Union of India by its counsel Ms. Neera Aggarwal, which were registered as IA. 9423 of 1997. A preliminary objection was raised that the objections were not within the period of limitation.