STATE OF M P Vs. JAISWAL TRACTORS

JUDGEMENT

(1.) THIS Misc. Appeal is directed against the order dated 12-11-1990 in Civil Suit No. 3-A/1982 by First Additional District Judge, Rewa, making the award of arbitrator Rule of the Court.

(2.) THE relevant facts leading to the present appeal stated in brief are that the parties entered into an agreement, whereby the appellants had agreed to hire respondent's tractor on rental basis for carrying out some work undertaken by the Irrigation Department. A dispute arose between the parties regarding payment of rent, of the said tractor. As per agreement between the parties the matter was referred for decision by the sole arbitrator by the Trial Court by its order dated 31-8-84 and Shri Trilochan Singh, Advocate, Rewa was appointed as sole arbitrator. The arbitrator proceeded with the arbitration proceedings and filed his award dated 29-8-88 in the Lower Court.

(3.) NOTICES regarding the filing of award by the arbitrator were issued by the Lower Court to both the parties. On 15-11-88 the appellants' Counsel appeared in the Lower Court and sought time to file objections under Section 30 of the Arbitration Act, 1940 (hereinafter referred to as 'act' for short ). The learned Trial Court granted time to file objections within the time prescribed. An application under Section 30 of the Act, raising objections regarding arbitrator's award was filed on behalf of appellants on 20-1-89. An enquiry was made by the Lower Court regarding the said objections.