UNION OF INDIA Vs. SEVAY STEEL INDUSTRIES

JUDGEMENT

(1.) IN this appeal preferred under section 39 of the Indian Arbitration Act, 1940 (for short "the Act"), the appellants are challenging the judgment and decree dated 19.1.2004 passed by 10th Additional District Judge (Fast Track Court) Gwalior in Case No. 21/2003, whereby he has directed the award passed by the Arbitrator to be made rule of Court on the ground that the objection filed by the appellants under section 30 of the Act was filed beyond limitation of thirty days and no application for condonation of delay was filed.

(2.) 2000 (2) JLJ 61] has held that objection filed under section 30 of the Act was barred by limitation and passed the judgment in terms of the award.

(3.) SHRI K.N. Gupta, Learned Senior Advocate appearing on behalf of the respondent has supported the judgment passed by the learned Additional District Judge and submitted that he has rightly refused to entertain the objection as no objection was filed within a period of 30 days which is prescribed for making any such application under Article 119 of the Limitation Act, 1963. He also contended that if the appellants want for setting aside the award on any of the grounds mentioned in section 30 of the Act, they must apply within 30 days of the date of service of notice of filing of award.