UNION OF INDIA Vs. S DALEEP SINGH

JUDGEMENT

(1.) AS per office report dated 14.03.2014, respondent has been served personally. However, none appears on behalf of respondent despite valid service.

(2.) PRESENT appeal is filed assailing the judgment and order dated 07.06.2007 passed by District Judge, Chamoli in Arbitration Case No. 13 of 2005 whereby applications moved by the appellant, herein, under Section 14 of the Arbitration Act, 1940 and under Section 5 of the Limitation Act were dismissed.

(3.) PERUSAL of the record would reveal that award was passed by the learned Arbitrator on 20.03.1992. Award, so passed, was set aside by the learned District Judge, Chamoli vide judgment dated 29.08.1997 in Original Suit No. 33 of 1997 and the matter was remitted back to the Arbitrator for re -hearing of the matter and writing a reasoned award in accordance with the terms of the agreement. Thereafter, learned Arbitrator passed award afresh on 18.05.2002. Award, so passed, was sent to the court below, thereafter, respondent, herein, preferred a petition being Misc. Case No. 9 of 2002 for setting aside the award. However, on 04.12.2003, respondent, herein, was permitted to withdraw the petition filed for setting aside the award. Thereafter, appellant, herein moved an application for making the award Rule of Court under Section 14 of the Arbitration Act along with an application seeking condonation of delay of 3 years in moving the application under Section 14 of the Act. Both the applications were dismissed by the learned District Judge, vide impugned judgment having observed that since application under Section 14 of the Arbitration Act was not moved within stipulated time and delay in moving the application has not been explained satisfactorily, therefore, award cannot be made Rule of Court.