AIRPORTS AUTHORITY OF INDIA Vs. JAGSON AIRLINES LTD.

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India impugns the judgment of the first appellate court dated 24.5.2005. The first appellate court by the impugned judgment set aside the judgment of the original court/Civil Judge dated 7.7.2004 by which the Civil Judge had dismissed the objections under Section 30 and 33 of the Indian Arbitration Act, 1940 filed by the respondent/objector against the Award of the arbitrator dated 28.10.1998. First appellate court set aside the judgment of the original court/Civil Judge and the Award firstly on the ground that the Award has been passed after the period of four months statutorily prescribed for passing of the Award and secondly that the arbitrator relied upon a document being a circular/office order dated 11.2.1994 although the same was not brought to the notice of the objector/respondent in the arbitration proceedings.

(2.) AT the outset, I must state that since the present petition under Article 227 of the Constitution of India is not maintainable, inasmuch as a civil revision petition will lie under Section 115 of the Code of Civil Procedure, 1908 (CPC), at the request of counsel for the petitioner, this petition is converted into a petition under Section 115 CPC.

(3.) THE arbitrator after hearing the parties passed the Award dated 28.10.1998 awarding to the petitioner a sum of Rs.31,22,468/ - alongwith interest at 18% per annum to be paid by the respondent/claimant/objector.