UNION OF INDIA Vs. HIND BUILDERS

JUDGEMENT

(1.) IN the present case, the reference was started under an order of Court made on 6th May 1983 in Special Suit No. 77 of 1983 instituted by the M/s. Hind Builders under S.20 of the Arbitration Act. The Union of INdia duly filed its affidavit-in-opposition in the said special suit and contested the said proceeding. Thereafter the parties prosecuted the arbitration proceeding and an award was made in favour of Hind Builders on 26-3-1984. IN this application, the Union of INdia has prayed for setting aside the said award on several grounds mentioned in the petition.

(2.) DURING hearing, the petitioner's counsel, however, pressed five grounds only which are as follows:-

(3.) ACCORDING to the respondents" counsel the order D/-6-5-1983 is binding on the petitioner and the question of jurisdiction cannot be agitated at this stage. I accept the submission of the respondents" counsel and hold that this point is hit by the principle of waiver as well as by the principle of constructive res judicata due to the order D/-6-5-1983. AIR 1963 Cal 140 (Sree Bajrang Jute Mills Ltd. v. Fulchand Kanhaiyalal Co.) is another authority on this point.