UNION OF INDIA Vs. TAJ SEA FOODS

JUDGEMENT

(1.) THE subject matter of this appeal is the order passed by the learned Principal Sub Judge,Kochi in I.A.No.883/1994 in O.S.No.247/1983.By this order the application of the plaintiff applicant which was filed on May 23,1994 praying for a decree in terms of the award of the Umpire passed on April 2,1994,was allowed.

(2.) THE learned Judge issued notices and in pursuance thereof an affidavit dated December 14,1994 was filed by the respondents appellants for setting aside the award.The award,as stated above,of the Umpire is for an amount of Rs.6,49,339.The learned Judge by the impugned order held that the application with a prayer to pass a decree in terms of the award will have to be granted and accordingly granted the application.In the process of reasoning the learned Judge held that the copy of the award having been served on the respondents on April 2,1994 itself and in pursuance thereof the respondents appellants having filed an application to set aside the award,filed in the nature of an affidavit on December 14,1994,would be obviously out of time,being unacceptable and also being barred by limitation.

(3.) DEALING with the contention that the Umpire at the time of passing of the award has ceased to be an Umpire leading to the situation that the award would be void as not sustainable on that count,the learned Judge having taken into consideration aspects that the time for filing the award was extended upto March 31,1994 and as such March 31,1994 as well as April 1,1994.being public holidays,the award could only have been filed to be dealt with within sufficient time on the next working day being April 2,1994.The award having been filed on the said day,the learned Judge rejected the objection as unsustainable.