BALLUMAL A JAISINGH Vs. J J BUILDERS

JUDGEMENT

(1.) BY this application, the applicant has challenged the order dated 9-8-1996 passed by the Second Jpint Civil Judge, Senior Division, Nagpur in Special Civil Suit No. 76/94. The suit arises out of an arbitration proceeding which culminated in the Arbitrator passing an award which was Exh. 8 in the suit deciding the claims of the parties to the arbitration before him. When the suit was thus instituted on presenting the award to the Court for making it rule of the Court, notices are required tp be given and within 30 days of the receipt of the notice, objections if any to the award will be made rule of the Court, are to be filed as required by Section 30 of the Arbitration Act.

(2.) ON 18-7-1995 non-applicant No. 1 filed application (Exh. 14) seeking grant of time to file objections to the award as contemplated by Section 30 of the Act. It is obvious, therefore, that at least on that date he had the notice of the fact that the award has been filed in the Court for being made the rule of the Court and that the Special Civil Suit has commenced for that purpose and that he has the right to file objections under Section 30 of the Act. It was from this date within 30 days the objections were required to be filed.

(3.) THE non-appiicant No. 2 filed application (Exh. 18) praying for grant of time to file objections. His knowledge will have to be presumed from 4-8-1995 when this application was made. The applications are filed admittedly in the Special Civil Suit. They, therefore, had total knowledge of the fact that the suit has been filed for making the award of the Arbitrator the rule of the Court.