K C REDDY Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) These two revisions are filed by the defendants in the Court below challenging the orders allowing the applications seeking condonation of delay of 17 days in filing applications/suits under Sections 14, 30 and 32 of the Indian Arbitration Act, 1940 and directing the defendants to file the award and set aside the award in respect of certain claims.

(2.) In the affidavit filed in support of the applications, it was stated that the arbitration proceedings dated 10-5-1999 were received on 13-5-1999 whereupon advice was sought from the Government Pleader in the High Court on 20-5-1999, which was replied to by him on 9-6-1999 advising to file suits challenging the award and the said letter was received on 12-6-1999. On the basis of the said advice, a letter was addressed on the same day to the local Government Pleader. However, since the local Government Pleader was not available on 13-6-1999, the applications were filed after his return and obtaining the records and accordingly there was a delay of 17 days.

(3.) These applications were contested by the petitioners denying the reasons as shown in the affidavit and stating that there is no sufficient cause as such made out by the respondents for any such condonation of delay. A plea was also raised as to the inapplicability of the provisions of Section 5 of the Limitation Act in respect of such suits.