KULDEEP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application under Section 5 of the Limitation Act, moved for condonation of delay in filing the objections to the award dated 29.10.1986. The ground taken for condonation of delay is that the concerned officer was under a bona fide impression that in this case objections had already been filed. This confusion arose because in a similar matter an award had been made, which was registered as suit No. 1591-A/1987, to which objections have been filed. Counsel for the petitioner does not oppose the application or condonation of delay. For the reasons stated and in the interest of justice, application is allowed and the delay in filing the objections to the award is condoned. lA. 2889/1988 stands disposed of. lA. 2890/1988

(2.) By this order, I would be disposing of the objections filed by the Union of India to the award dated 29.10.1986, given by the Arbitrator Sh. J.S. Mundrey. The petitioner had been awarded a Zone contract for Zone No. 3/HQ under AEN (I)/Lucknow, Agreement No. 48/WA/Z-3/CB/77-78 dated 15.9.1977. The General Manager, Northern Railway vide his letter No. 63-W/44/158 dated 29.11.1985 had appointed Sh. J.S. Mundrey, Arbitrator to adjudicate upon the disputes arisen between the parties. The Arbitrator had entered upon reference on 10.12.1985 and had made and published his award on 29.10.1986. Notice of the filing of the award was issued to the parties. Pursuant to the receipt of the notice. Union of India had filed its objections on 25.4.1998. By a separate order, I had allowed lA. 2889/1988 and condoned the delay in filing the objections to the award.

(3.) The award is a non-speaking one. One of the objections taken is that the Arbitrator had combined the award of claim in respect of claim Nos. 2 to 6 and awarded a lump sum amount of Rs. 25,000.00 .