SETH AND ASSOCIATES Vs. STEEL AUTHORITY OF INDIA

JUDGEMENT

(1.) This is an application made by the petitioners challenging the award made and published by the Arbitrator on 10th February, 1997 The respondent instead of contesting such application in merit raised point of maintainability of the application being consequential to the filing of the award filed in the Court at the instance of the petitioner on 11th November, 1997

(2.) According to the respondent there is no time limit for the purpose of filing of the award by the Arbitrator in the Court so to say that either the limitation for filing the award by the Arbitrator is not at all covered by the Limitation Act or if at all, covered by the residuary article being Art. 137 of the Act. But a litigant cannot withhold the award on behalf of the Arbitrator and cause delay in filing it before the Court to frustrate the entire proceedings. There should be a check and balance otherwise such cause will render to an absurdity.

(3.) The point is very pertinent considering the situation.