VINOD KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this order, I would he disposing of IA.440/97, being objections under Section 30 of the Arbitration Act, 1940 and the suit. The petitioner has filed this petition i.e. Suit No.1687-A/95 under Sections 14 and 17 of the Arbitration Act, for making the award bearing CA No.CWE/P/D-15/86-87 dated 7.6.1995 rule of the Court.

(2.) Notice of the filing of the award was duly issued to the partics. Respondent Filed the aforesaid objections. Learned counsel for the petitioner submits that the objections are barred by limitation. The objections are stated to have been filed on 14.12.1996. In this case, notice of Filing of the award was served on Union of India on 25.1.1996. As no notice had been served on respondent No-2-Commander Works Engineer (Project), Delhi Cantt., the Court on 4.10.1996, directed that notice he sent to respondent No.2, returnable on 20.1.1996. Notice was received by respondent No. 2 on 26.11.1996 and objections were duly filed within 30 days i.e. on 14.12.1996. This would raise the question whether service on respondent No.1. Union of India, the notice of filing of Union of India was a complete service with all the relevant particulars of the work to enable Filing of objections or not?

(3.) At this stage, learned counsel for the plaintiff states that he gives up the objection with regard to the limitation and the matter be disposed of on merits.