UNION OF INDIA Vs. BUILD INDIA CONSTRUCTION SYSTEMS

JUDGEMENT

(1.) LEAVE under Rule 127 of the High Court, Original Side, Rules is granted to the petitioner to take out the Chamber Summons in terms of the draft Chamber Summons. Chamber Summons is made returnable forthwith. Respondent waive service. By consent taken up for hearing forthwith.

(2.) HEARD the learned Counsel for the petitioner and respondent. This is a Chamber Summons taken out by the petitioner for condonation of delay in filing the Arbitration Petition No. 93 of 1999. The brief facts involved in this matter is that there were certain disputes between the respondent and petitioner. The said disputes were referred for arbitration and ultimately the learned Arbitrator passed an award on 29th November, 1997. It appears that on the very same day on 29th November, 1997 the learned Arbitrator had informed both the parties regarding publication of the said Award under section 14 (1) of the Arbitrator Act, 1940. Thereafter, the learned Arbitrator by his letter dated 31st January, 1998 addressed to the present petitioner viz. , Union of India through the Director General of Naval Project (M) requested the petitioner to file the original Award which was kept in a sealed cover along with the connected documents. The learned Arbitrator in the said letter of authority dated 31st January, 1998 had authorised the petitioner to file the said Award in the Court on his behalf. The said letter of authority is annexed as Exhibit A in the affidavit of the respondent dated 19th July, 1999. The said letter of authority very clearly authorises the present petitioner to fill in the name of the person who will be carrying on the said letter for the purposes of filing the Award in the High Court. Thereafter, by a letter dated 11th February, 1998 the petitioner herein has informed the learned Arbitrator that all the original documents including the Award which were received as per the letter dated 31st January, 1998 were filed in the High Court at Bombay on 11th February, 1998 and even a receipt with regard to the said filing was obtained from the High Court and the same was forwarded back to the learned Arbitrator for his information and record. It appears that the learned Arbitrator was also required to file an affidavit with regard to filing of the said Award and the said affidavit was also filed on 13th April, 1998.

(3.) FINALLY the present petitioner received a notice dated 9th September, 1998 of the High Court regarding filing of the said Award. The petitioner contends that the said notice was received by them only on 21st September, 1998 and the present petition being Arbitration Petition No. 93 of 1998 was lodged in this Court on 16th October, 1998.