UNION OF INDIA Vs. S P TIMBER INDUSTRIES

JUDGEMENT

(1.) The petitioner/objector has filed I.A.12421/92 being objections under Section 30 and 33 of the Arbitration Act, against the award made and published by the arbitrator, Sh. Shiv Prakash on 7-5-1990. I.As. 12422/92 is an application under Section 5 of the Limitation Act, seeking condonation of delay of 396 Jays in filing the objections. The petitioner has also filed an additional affidavit in support of the application under Section 5 of the Limitation Act.

(2.) Let me notice the facts in brief:-

(3.) The award was filed by the arbitrator and notice of filing of the award was issued to the parties. The notice of filing of the award and inviting objections were served on the petitioner/objector Union of India, on 25-1-1991. The respondent was served on 11-3-1991. The respondent has not filed any objections to the award. The petitioner filed objections to the award on 26-3-1992. It is the admitted case of the parties that objections were required to be filed by 24-2- 1991 by Union of India. There was a delay of 396 days in filing the objections. I.A. 12422/92 is stated to be filed seeking condonation of delay, followed subsequently with the an additional affidavit.