SURINDER KUMAR AND BROS Vs. UNION OF INDIA

JUDGEMENT

(1.) In a building contract between M/s. Surinder Kumar & Brothers and Union of India, on contractor's raising disputes and invoking the arbitration clause, the matter was referred to the arbitration of Shri N.H. Chandwani, Arbitrator. He made the award dated 30 July, 1990. On the arbitrator filing the award and the related proceedings, notice of filing of the same was accepted for thepetitioner/contractoron28September, 1990. None being present on behalf of the Union of India on that day, notice of filing of the award was issued to the Union of India through the Secretary, Ministry of Urban Development, Nirman Bhavan, New Delhi.

(2.) It was received back with the process server's report dated 5 February, 1991. which purported to state that on the said date. he visited Room No.323, Nirman Bhawan, tendered the notice to a clerk for service, who read it and stated as it was not accompanied with a copy of the application, the same may begiven. No witness was available. Process server's affidavit to the aboveeffect is duly attested.

(3.) The matter came up before the Deputy Registrar on 4 April, 1991. Mr. G.L.Sahni. Advocate, appeared for the Union of India. The Deputy Registrar noticed the above report of the process server and declared the "refusal to accept service" as "deemed service" and directed the case to be listed in 'short matters'.