UNION OF INDIA Vs. POORTI METAL INDUSTRIES

JUDGEMENT

(1.) IN this appeal preferred under Section 39 of the Indian Arbitration Act, 1940 (for brevity, 'the Act'), the appellant has called in question the judgment and decree dated 7-5-2001 passed by the learned XII Additional District Judge in Civil Suit No. 21-A/1999 whereby he has directed the award passed by the arbitrator to be made rule of Court on the ground that the objection put forth by the present appellant under Sections 30 and 33 of the aforesaid Act was filed beyond limitation of thirty days. That apart, the learned Judge has observed that there is no merit in the said objection.

(2.) ASSAILING the aforesaid order, it is submitted by Mr. Anoop Nair, learned Counsel for the appellant that the learned Trial Judge has committed gross illegality in making the award rule of Court by rejecting the objection, though there is enough material to show that the requisite grounds for setting aside the award under Section 30 of the Arbitration Act, 1940 were available. Learned Counsel has submitted that had the objection been considered in proper perspective, the appellant would have been able to show apart from other things certain legal misconducts, which could have weighed with the Court for nullifying the award. It is urged by the learned Counsel for the appellant that the order passed by the Court below is sanctuary of errors.

(3.) MR. Rao, learned Counsel appearing for the respondent has supported the order passed by the learned Judge and submitted that he has correctly refused to entertain the objection as no objection was filed within thirty days.