STATE OF WEST BENGAL Vs. L M DAS

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated June 5, 1970 dismissing the application made by the appellant under Section 30 of the Arbitration Act, 1940 for setting aside of the award dated December 24, 1968, mentioned in the petition.

(2.) THE respondent executed certain constructional work for the appellant under and in relation to the contract between them. THEreafter, disputes and differences arose between them regarding payment. Those disputes and differences were referred to the arbitrator in terms of the arbitration clause contained in the said agreement.

(3.) THE argument before us was solely confined to Rs. 1,63,000/- and Rs. 5,000/- awarded in favour of the respondent, apart from the question of limitation. THE facts relating to limitation are as follows: On June 16, 1969, the appellant received a copy of a letter dated June 5, 1969, written by the Registrar, Original Side of this Court, informing the parties that the award had been filed in court on June 5, 1969; thereafter, on July 14, 1969, the notice under Section 14 (2) of the Act was served on the appellant; and on August 12, 1969, the appellant took out the notice of motion for setting aside the award.