UNION OF INDIA Vs. JAIN AND ASSOCIATES

JUDGEMENT

(1.) The Court : This is an application for recalling and/or setting aside the judgment and decree passed by this court on 28th April, 1997 in Award case No. 22 of 1997. The said decree was passed after the expiry of time fixed under the statute to make an application for setting aside the award after service of notice under section 14(2) of the Arbitration Act dated 18.3.97. The petitioner also prayed that leave be given to the petitioner to file the application for setting aside the award.

(2.) It is not in dispute that notice under section 14 of the Arbitration Act was duly served upon the petitioner on 21.3.97. The time for filing the application for setting aside the award under sections 30 and 33 of the Arbitration Act expired on 21.4.97.

(3.) It is also not in dispute that no application was make by the petitioner within the said statutory period. The matter appeared for judgment upon award before me on 21.4.97. The matter was called on in the presence of both the advocates of the parties. After hearing the submissions, this decree was passed in terms of the award on 20th April, 1997, after taking note of the fact that the petitioner has failed to make any application for setting aside the award on or before 21.4.97.