S A BUILDERS Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This Order will dispose of the application (IA 9643/91), filed by the respondent Delhi Development Authority (hereinafter referred to as 'the respondent DDA') under Section 5 of the Limitation Act, 1963 (hereinafter referred to as 'the Limitation Act') for condoning the delay in filing the objection? on behalf of the respondent Delhi Development Authority under Section 30 & 33 of the Arbitration Act, 1940 (hereinafter referred to as 'the Arbitration Act).

(2.) The facts relevant for the disposal of the above mentioned application, briefly stated, are that the arbitrator Shri G.R. Hingorani filed the award alongwith the proceedings in the Registry of this Court. On arbitrator's filing the award alongwith the proceedings, statutory notice was issued to the parties directing the parties to file objections, if any, within the prescribed time limit. 2.1 The limitation for filing an application for setting aside an award or getting an award remitted for re-consideration under Article 119(b) of the Limitation Act is 30 days from the day the notice of the filing of the award is served. In the present case, notice of the filing of the award was served on the petitioner and also on the respondent Delhi Development Authority on 27.05.1991. No objections to the award have been filed on behalf of the petitioner. However, the respondent DDA has filed objections under Section 30 & 33 of the Arbitration Act with the prayer that the award made by the learned arbitrator be set aside and remitted back to the arbitrator for re-appraisal on the basis of the submissions made by the respondent Delhi Development Authority in the objection petition. 2.2 Since the objections to the award, by the respondent DDA, were not filed within the prescribed time limit, the respondt Delhi Development Authority also filed the present application (IA 9643/91) under Section 5 of the Limitation Act with the prayer that delay, in filing the objections on behalf of the respondent DDA, be condoned and the objection petition be taken on record.

(3.) In the application, filed under Section 5 of the Limitation Act it has been stated by the respondent Delhi Development Authority that the delay in filing the objection is mainly on two grounds, namely, inadvertent misplacement of the file in the office of the concerned Executive Engineer of the Delhi Development Authority despite due care and attention and secondly, lapse on the part of the concerned counsel of the respondent DDA. Alongwith the application the respondent Delhi Development Authority has filed the supporting affidavits of the concerned counsel Shri V.K. Shali, Advocate and also that of the concerned Executive Engineer, namely, Shri S.K. Jain.