D GOWADIA AND CO Vs. UNION OF INDIA

JUDGEMENT

(1.) The Arbitration Petition (Lodging) No. 163 of 2007 was filed by the Union of India against the appellants, challenging the award passed by the Sole Arbitrator Shri S.R. Hosalkar in Civil Application No. CEPZ/BOM/04 of 1995-96. The said Award was passed on 23rd December, 2006 and it was served on the parties on 26th December, 2006. The said Arbitration Petition was filed under section 34 of the Arbitration & Conciliation Act, 1996 (for short "Arbitration Act"). The Union of India-respondents filed these Arbitration proceedings on 22nd March, 2007. Thus at this stage, we note that the Arbitration proceedings were filed by the Union of India within a period of three months as provided in section 34(3) of the Arbitration Act.

(2.) On 23rd March, 2007, the Chamber Registrar has scrutinized the petition and has drawn the office objections which are 10 in number and since then, the petition was pending for removal of office objections. It appears from the book maintained by the Board Clerk that on 3rd April, 2007, the petition was taken by the Advocate for Union of India for office compliance and to that effect the Board Clerk has obtained signature of the Advocate for the Union of India.

(3.) The matter then appeared before the Prothonotary and Senior Master on 31 st July, 2007. At that time, the Counsel for the Union of India was present and the Prothonotary and Senior Master passed an order that the petitioner and/or their Advocate to remove the office objections on the petition and get the same numbered and registered on or before 7th August, 2007 failing which the petition would stand rejected under Rule 986 of the Original Side Rules. (It is to be noted that at that time, the Original Arbitration Petition (Lodging) No. 163 of 2007 viz. the original proceedings in which the Prothonotary and Senior Master passed an order, was not placed before the Prothonotary and Senior Master because the said proceeding was with Advocate for Union of India. Simply the Board was prepared and the Prothonotary passed an order on the Board, which was subsequently transmitted into the books maintained by the Prothonotary and Senior Master, wherein the original orders are to be maintained).