(1.) The Chief Engineer, Delhi Zone, Delhi Cantt on behalf of Union of India, the defendant-respondent in the proceedings under the Arbitration Act, 1940 has filed these two applications-IA No.7243/93 under Section 5 of the Limitation Act "and IA No.7244/93 under Order 9 Rule 13 of the Civil Procedure Code, seeking condonation of delay in moving the court and setting aside of the judgment and decree dated 29.3.93 passed by a learned Single Judge of this Court making an award dated 23 12.89 the rule of the court. Insofar as the application under Order 9 Rule 13 CPC is concerned, it has been prayed in the alternative that this court be pleased also to treat the application as one seeking review of the judgment and decree inasmuch as thev suffers from an error apparant on the face of the record. The relevant facts are all stated in the application. The learned counsel have been heard on this alternate prayer.
(2.) The Arbitrator published the award on 23.12.89 and gave notice to the parties. The award was filed in the court. The parties were noticed. The Chief Engineer, respondent No.2, filed objections under Sections 30 and 33 of the Arbitration Act submitting that the award was invalid, illegal, nonset and liable to be set aside. The principal ground on which the validity of the award was attacked was that the award was made by the Arbitrator after the expiry of time limited for making the award. It was submitted that the Arbitrator had entered the reference on 27.5.88 while the award was made on 23.12.1989, i.e., beyond the period of one year from the date of entering upon the reference. The other principal contention was that the Arbitrator was-required to record his findings on the items of dispute and then to make award which having not been done, the award was vitiated.
(3.) The record of the proceedings shows that Chief Engineer, the defendantrespondent was represented by a counsel. However, the counsel had stopped appearing in the court. On 27.1.93, the arguments were heard ex-parte. On 29.3.93, the court passed a judgment rejecting the objections and making the award rule of the court.