DARBARI INDUSTRIES Vs. PRESIDENT OF INDIA AND ANR.

JUDGEMENT

(1.) An Arbitrator under the Arbitration and Conciliation Act, 1996 made an arbitration in terms of arbitration clause in the agreement over disputes between the parties in respect of execution of the agreement entered into by and between the parties on 14th March, 2001. An award was passed which according to the Union of India is vitiated by partial attitude of the arbitrator, and that it was decided ex parte. Under Sec. 34 of the Arbitration and Conciliation Act an appeal was preferred by the opposite party against the award. Since the appeal was time barred an application under Sec. 5 of the Limitation Act was taken out by the petitioner before the learned Additional District Judge, 6th Court, Alipore.

(2.) The learned Additional District Judge by an order dated 26th of July, 2006 allowed the application under Sec. 5 of the Limitation Act subject to payment of cost of Rs. 1,500/ -. Before the learned Judge in the Court below the opposite parry took out the plea that there was 60 days' delay in preferring the appeal and since the Government machinery did not run speedily there was delay in preferring the appeal against the award which is vitiated by non -adherence to the principle of natural justice. The Judge was of the opinion that since the petitioner was the Union of India they are to go through some processes which take time and the illegality of award was also the ground for condonation of delay. The Court observed that it was also a Court of equity which cannot overlook the opposite party's plea for advancement of justice in the matter of adjudication of the dispute.

(3.) An application under Order 47, Rule 1 of the CPC was taken out by the petitioner for review of the order dated 26th of July, 2006 on the ground that in view of the express language of the statute the order impugned was a bad one thus necessitating its turning over. The review application was dismissed by the order dated 4th of December, 2007.