CENTRAL WAREHOUSING CORPORATION Vs. BIHARILAL YADAV

JUDGEMENT

(1.) A dispute arose between the parties in respect of a contract given by the applicants to the non -applicant and the matter was referred to arbitration of the sale arbitrator Shri P.P. Agrawal, resident of F -9/9, Vasant Vihar, New Delhi. After entering into an arbitration, the arbitrator passed an award on 6.11.1985. The non -applicant Biharilal Yadav, filed an application under section 14 of the Arbitration Act, 19400n 1.4.1986 for making the award rule of the Court. Along with the application under section 14, a copy of the award was filed by the non -applicant in Court. On 21.4.1986, the Court directed issuance of notice of filing of the award to the appellants and the arbitrator and the matter was fixed for 27.6.1986 for filing of the reply, if any, by the appellants. The record reveals that the trial Court has passed orders for issuance of notice to the appellants and the arbitrator on 2.5.1986 and the appellants entered appearance on 27.6.1986 in Court and asked for one month's time for filing reply/objection to the award. The appellants filed an objection on 25.7.1986 for making the award the rule of the Conrt under section 30 and 33 of the Arbitration Act, 1940. On 18.9.1989, the respondent filed an application under section 151 of the Code of Civil Procedure contending that notice of filing of the award in the Court was served on the appellants 30 days prior to the filing of the objection on 25.7.1986, the objection cannot be entertained and is liable to be dismissed. The trial Court allowed the objection and hence this revision.

(2.) ADMITTEDLY , the record shows that the Court had passed an order for service of notice on the appellants and the arbitrator on 21.4.1986, order was passed to issue notice on 2.5.1986. The appellants have entered appearance on 27.6.1986. Thus, the notices have been served on them prior to this date. The objection was filed on 25.7.1986 which is beyond 30days of service of notice on the appellants. There is no application on record for condonation of delay in filing an application under section 30 and 33 of the Arbitration Act. Article 119 of the Limitation Act, 1963 prescribes limitation for setting aside the award or getting an award remitted for reconsideration within 30 days from the date of service of $he notice of the filing of the award. Thus, once notice is served for filing of the award in Court for making it rule of the Court, the objection has to be filed. within 30 days. Iii this case, the objection is not filed within 30 days of the service of notice and, therefore, the objection cannot be considered by the Court. As the appellants have filed their objection beyond 30 days from the service of notice on them, the trail Court has rightly rejected the objection filed by the appellants.