UNION OF INDIA Vs. HARSHADRAY JAYANTILAL AND CO

JUDGEMENT

(1.) THE plaintiff filed Special Suits Nos. 86 of 1974 and 87 of 1974 against the Western Railway administration in the Court of the Civil Judge (Senior Division) at Rajkot THE suits were filed under sec. 20 of the Arbitration Act. He prayed that the Western Railway administration should be directed to file the original arbitration agreements in Court and that an order of reference to arbitration of the disputes between the parties be made. THE learned trial Judge after hearing the parties made in each case an order directing the Western Railway administration to file the original agreement between the parties in the Court. He also recorded in his final order that the Divisional Superintendent Western Railway administration Rajkot would be the arbitrator between the parties. THE Divisional Superintendent Western Railway Rajkot was directed to submit his award to the Court within 12 months from the date of the impugned order.

(2.) TWO such identical orders made in the two suits by the learned trial Judge are challenged in these two appeals.

(3.) THE applications or the plaints which the plaintiff filed in the present proceedings inter alia stated that the contracts for supply of water in respect of which the disputes between the parties arose were for the years 1963-64 1964 1965 1966 and 1967-68. THE plaintiff has alleged that he had discharged all his contractual obligations and that there was no reason for the Western Railway administration to withhold or deduct any amount from his legitimate dues. He therefore prayed that the Western Railway administration should not deduct or withhold any amount from his legitimate dues. When these amounts were deducted or withheld has not been stated by the plaintiff in the plaints. If the plaintiff had stated the dates on which payment of his dues was withheld I would have considered whether on that basis the present suits were within time. THE only undisputed fact is that the last dale for payment by Western Railway administration was 6th December 1966. Computing the period of limitation from that date it is clear that the suits filed under sec. 20 of the Arbitration Act were barred by time.