RAMESHWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This revision is directed against the order dated 2.3.98, passed by 1st Addl. District Judge. Ratlam. in Misc. Civil Case No. 13/96. allowing respondents' application under Or. IX R. 13 r/w. Section 151 of CPC and selling aside the Order dated 23.12.93, passed by the aforesaid Court in Civil Misc. Case No. 24/94.

(2.) RESPONDENT -Rameshwar Agrawal is a Railway Contractor. The petitioner Western Railways and the respondent had entered into some work contract which provided for an arbitration clause for adjudication of dispute. if any, arising between the panics in relation to the contract. Since some dispute arose between them. the same was referred for arbitration to Shri R.Chaturvedi. Joint Director. S.T.D.S. (M.P.) R.D.S.O. Manak Nagar. Lucknow. The Arbitrator made his award on 10.3.03 and the same was tiled in the Court (1st AD.J. Ratlam). on 29.10.93. The Court's proceedings dated 22.11.93 reveal that both the parties were present in the Court through their counsel Shri Dhanik Ram Sumnani and Shri P.K. Medhe, Advocates. the Court caused notices of the award served on the counsel in terms of Sub -section (2) of Section 14 of the Arbitration Act, 1940 (for short, 'the Act of 1940'). On 30.11.91, Rameshwar Agrawal. the petitioner herein, made application u/s. 17 of the Act of 1940 for making the said award the Rule of the Court. The Court observed that since notices or the award have already been given to the parties, no fresh notices or the application need to be given to the other side. The case was fixed for 23.12.93 i.e., after the expiry of the period of 30 days prescribed for making application to set -aside the award u/s. 30 of the Act of 1940 Since no application for setting aside the award was made by any party, the Court on 23.12.93 passed Judgment in terms or award making the same Rule of the Court.

(3.) THE learned A.D.J. on consideration of the averments made by the parties and the affidavits submitted by them. came to the conclusion that the judgment dated 21.12.93 has been passed ex -parte without giving any opportunity to the Railways. On this finding the judgment was re -called and the Misc. Case No. 24/93 was directed to be restored for decision along with Misc. Case No. 14/96 registered on the basis of an application riled on 18.1.94 by the Railways for setting aside of the award.