SATYA PRAKASH AND BROS Vs. MCD

JUDGEMENT

(1.) THIS application under Section 17 of Arbitration Act, 1940 (for short, "the Act") has been made by the petitioner for making the award dated 23 rd june 1997 a rule of Court.

(2.) THIS award was filed by the learned Arbitrator in 1998. A notice of this award was served upon both the parties in July, 1998. When the matter was taken up on 23rd July 1998, Mr. B. M. Sehgal appeared for the claimant/petitioner and filed vakalatnama. The notice of the award was also sent to the respondent. Thereafter, when the matter was taken up on various occasions, neither the counsel for the claimant appeared nor the counsel for the respondent appeared and no objections were filed. Ultimately, vide order dated 4th March 1999, the matter was stayed sine die with the observation that the parties will be free to get the same revived as and when they think it proper. The present application/ petition has been made after lapse of about 11 years of filing of award and after ten years of passing the above order.

(3.) IT is settled law there is no limitation in entertaining an application under Section 17 of the Act and once an award is filed in the Court and if no objections are raised by the respondent against the award within the period of limitation, the award should be made a rule of court.