UNION OF INDIA Vs. VISHAKARMA SHILPI

JUDGEMENT

(1.) THIS appeal is directed against the order of the learned single Judge dismissing the objections of the appellant, Union of India, under section 30 of the Arbitration Act, 1940 and refusing to set aside the award.

(2.) IN pursuance of an arbitration clause in the contract dated February 6, 1963 entered into by Union of INdia with the respondent firm (hereafter called "'the Contractor") in regard to the scheme for development of land east of Kailsh for residential purposes- levelling and dressing, the dispute between the partics was referred to arbitration of Shri V. V. Vaze, arbitrator, in the Ministry of Works and Housing. On June 24, 1972 the arbitrator made an award awarding a total sum of Rs. 45.-194.CO to the contractor for wrongful termination of the contract by Union of INdia. On the same date, the arbitrator issued notices to the parties informing them of the making and signing of the award. On July 3, 1972 the respondent contractor requested the arbitrator to file the award in court. IN reply by letter dated July 6, 1972 the arbitrator informed the respondent that steps were being taken to file the Award in L Court. By letter dated July 7, 1972 the arbitrator forwarded the original award along with the arbitration file containing documents and pleadings etc. filed before him to the court. He also sent copy of this letter to the parties. The receipt of this copy by Union of INdia is not denied but it is stated that it got misplaced. On July 24, 1972 Union of INdia applied under section 14 of the Arbitration Act for directions to the arbitrator to file the award in court. This application, according to the rules of the High Court, came up before the Registrar. On August 3, 1972 the Registrar directed the application to be registered as a suit and issued notice to the respondents for September 18, 1972. The order did not in terms record that the award had already been received in court but required the parties to file objections, if any, to the award within the time prescribed by law. On September 18, 1972 the respondent appeared and stated that he did not wish to file any objections. Counsel for Union of INdia, on the other hand, submitted that he was not aware of the filing of the award and requested for time to file objections. The matter was adjourned to October 20, 1972. Immediately after this hearing, on the following day i.e. September 19, 1972, Union of INdia filed objections to the award under sections 30 and 33 of the Arbitration Act along with an application under section 5 of the Limitation Act for condonation of delay in filing the objections. By two separate orders both dated May 9, 1973 the learned single Judge accepted the application under section 5 of the Limitation Act but dismissed the objections and refused to set aside the award. It is the latter order which forms the subject matter of this appeal.

(3.) UNION of India had engaged Shri R. L. Tandon to appear on its behalf. The order would show that Shri G. R. Chopra appeared before the Registrar on August 3, 1972.