UNION OF INDIA Vs. CHADHA ENGG WORKS

JUDGEMENT

(1.) IN relation to a contract entered into between the parties, which contained in arbitration agreement, the disputes were referred to arbitration of Sh. R. N. Poddar, Additional Legal Advisor to the government of India, Department of Legal Affairs, Ministry of Law, justice and Company Affairs, New Delhi. The learned arbitrator made his award dated 09. 08. 1996. Notice of making of the award was issued by the learned arbitrator on 09. 08. 1996 itself to both the parties. At this stage itself, I may notice that it is not the petitioner's case that the notice of making an award issued by the learned arbitrator was not received by it.

(2.) THE award was filed in this Court by one Sh. S. B. Sharan, who claimed himself to be the sole arbitrator, on 18. 05. 1998 i. e. nearly 20 months after the making of the award and after the issuance of the notice of its being made to the parties. The forwarding letter along with which the award has been filed in this Court records that in compliance with the request from Union of India, the original award with the entire proceeding folder is forwarded in the arbitration case of m/s Chadha Engineering Works, G. T. Road, Jalandhar-140008. It is not disputed that the petitioner did not move a petition under Section 14 and 17 of the Arbitration Act, 1940 within the period of limitation prescribed under Article 119 (a) of the Limitation Act for the filing of the award in this Court upon the filing of the award as aforesaid, the aforesaid suit was registered.

(3.) IN these circumstances, the respondent has moved the present application under Order 7 Rule 11 CPC to submit that the aforesaid suit No. 1153-A/1998 registered upon the filing of the award dated 09. 08. 1996 be rejected as not being maintainable.