NORTH INDIA LIGHT WEIGHT Vs. HINDUSTAN INSECTICIDES LTD

JUDGEMENT

(1.) The sole question which arises for consideration in this case is whether there is any period of limitation for an arbitrator to file the award in court.

(2.) The factual matrix is undisputed. On 26th July, 1990, a direction was issued to the petitioner (hereinafter referred to as the claimant) by the learned arbitrators to deposit a sum of Rs.8,000/- towards cost and expenses of the arbitration proceedings within a period of one week to enable them to make and publish the award. The proceedings of 26th July, 1990 were sent to the parties on 30th July, 1999 for necessary compliance. Thereafter, on 30th August, 1990, the learned arbitrators made the award. By letter dated 24th September, 1990, an intimation was sent to the parties that the arbitrators had made and signed the award in the matters referred to them on 30th August, 1990 and that certified copies of the award would be sent to the parties after receipt of the sum of Rs.8,000/- towards costs and expenses of arbitration proceedings, which the claimant had still to deposit as directed by the Bench on the last date of hearing. Admittedly, the said deposit was not made by the claimant till 6th January or in the subsequent years 1991, 1992 and 1993.

(3.) On 6th January, 1994 eventually the claimant deposited the sum of Rs.8,000/- and pursuant thereto, the arbitrators by letter dated 9th February, 1994 sent certified copies of the award for information and compliance of the parties at an early date. Further, parties were directed to indicate whether they would comply with the award voluntarily or whether they desired to have the award filed to make it a rule of the court. On 9th March, 1994, the claimant requested the arbitrators for filing of the award in the competent court for making the same a rule of the court. Ultimately, on 14th February, 1995, the arbitrators at the request of the claimant, sent the award for filing in this Court for making the same a rule of the court.