RAMANELAL PURUSHOTTAM DAS SHAH Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under Section 39 of the Arbitration Act is directed against the judgment and order dated 22.3.1983 of the District Judge, Dewas passed in M.C.C. No. 11/78 whereby an application, under Section 33 of the Arbitration Act for setting aside the Award, filed by party No. 1 (appellant here) has been dismissed as being barred by time.

(2.) The brief history of the case is that the party No. 1 (appellant) and party No. 2 (respondent) entered into an agreement fore solving the dispute regarding the contract of putting underground pipelines for township of Government Note Press at Dewas by arbitration and the matter was referred to one Ku. K.P. Sarojini, New Delhi.

(3.) Party No. 1 thereafter filed a petition under Section 14 read with Section 33 of the Arbitration Act on 28.8.1978 before the District Judge with a prayer that the arbitrator be directed to file the Award. The notice of the same was issued to party No. 2 (respondent). The case was fixed for 30th October, 1978.