LAWS(DLH)-1993-10-40

J N CONSTRUCTIONS Vs. NEW DELHI MUNICIPAL COMMITTEE

Decided On October 06, 1993
J.N.CONSTRUCTIONS Appellant
V/S
NEW DELHI MUNICIPAL CORPORATION Respondents

JUDGEMENT

(1.) -

(2.) M/s. J.N. Constructions, plaintiff, filed this suitunder Section 14 and Section 17 of the Arbitration Act (hereinafter referredto as the 'Act') with the prayers that Shri C. Rama Rao, the sole Arbitrator,defendant No. 2 may be asked the file the original Award alongwith the-proceedings in Court and, thereafter, to make Award the Rule of the Courtand to pass a decree in terms of the Award alongwith interest at the rate of15 per cent per annum from the date of the' Award till realisation.

(3.) . Learned Counsel for defendant No. 1 has, however, submittedthat the information with regard to the filing of the Award in Court wasreceived by the New Delhi Municipal Committee only on 25.1.1991 and theobjections having been filed within 30 days of the service of notice, it cannotbe said that these are filed beyond limitation. He has further submittedthat no notice was given to defendant No, I about the filing of the Awardon 27.11.1990, 3.121990 or any other date before 25.1.1991. He has, thus,submitted that the plaintiff has not been able to prove this issue and prayedthat it may be decided against the plaintiff.