UNION OF INDIA Vs. MAHABIR INDUSTRIES AND ANOTHER

JUDGEMENT

(1.) The short questions that arise for consideration in this petition which is for setting aside of the arbitral award dated 28th Feb., 2001 is whether is was filed within the period of limitation in terms of Sections 34 of the Arbitration and Conciliation Act, 1996 (in short called the Arbitration Act) or was it barred by time on the date it was filed.

(2.) The relevant facts necessary for the disposal of the issue involved are as under:

(3.) Feeling aggrieved by the award, the Union if India, challenged the same in the court of the District Judge, Delhi by means of an application under Sec. 34 of the Arbitration Act. The application was assigned to an Additional District Judge who, vide her order dated 16th Jan., 2002 held that she had no pecuniary jurisdiction to entertain the application and consequently, ordered the same to be returned to the objector under Order 7 Rule 10 of the Code of Civil Procedure for presentation in the court of competent jurisdiction. The objection were taken back by the Union of India on 4th Feb., 2002 and were filed in this court on 5th March, 2002. This court issued in notice to the respondent M/s Mahabir Industries who in response to the same filed in application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 seeking rejection of the petition on the ground that as on the date of filing of the same it was barred by time. It is in view of this application that the questions posed above has arisen for consideration.