GOVERNMENT OF KERALA Vs. CHACKO

JUDGEMENT

(1.) State of Kerala has filed the appeal against the order of the Principal Sub Judge, Trivandrum rejecting the objection to the award and passing a decree in terms of the award. Arbitrator passed the award on 28-2-1978. He issued notice to the parties of the making of the award and called upon the respondent to produce necessary stamp papers for engrossing the same. Stamp papers were not produced by the respondent. After six years, respondent moved the Arbitrator requesting him to condone the delay in producing the stamp papers and producing the requisite stamp papers with a prayer that the award may be filed in court. Pursuant to that letter dated 4-2-1984, Arbitrator filed the award in court on 18-2-1984. Notice of the filing of the award in Court was served on the Superintending Engineer on 26-4-1984. He filed objection stating that the award be treated as null and void as it is barred by limitation.

(2.) Relying on Choudhury & Gulzar Singh v. Frick India Ltd. ( AIR 1979 Del. 97 ) the Principal Sub Judge held that award can be filed by the Arbitrator at any time and there is no question of limitation. Consequently the Sub Judge made the award a rule of court.

(3.) Contention of the learned Government Pleader is that there cannot be any indefinite period for the Arbitrator to file the award before the Court and at any rate he has to do so within a reasonable period even though the Limitation Act does not specifically provide for any period of limitation and taking stock of the entire aspects the Court can certainly hold that within a reasonable period say, three years the Arbitrator has to file the award before the Court. Government Pleader submitted that if such a period is not fixed by the Court, it would lead to insurmountable difficulties as it is open to the Arbitrator to file the award before the Court whimsically or capriciously.