EXECUTIVE ENGINEERRURAL ENGINEERING DIVISIONPURI Vs. CONSTRUCTION INDIA

JUDGEMENT

(1.) THIS is an appeal under the Arbitration Act (hereinafter referred to as the 'Act') against the decision of the learned Subordinate Judge, Bhubaneswar, to make the award a rule of the Court.

(2.) THE award was received by the Court on 21st Mar., 1980. Notice was directed oa 27th Mar., 1980. From the endorsement in the Remarks Column against order No. 2, it appears that the Government Pleader was given notice in the matter that day. On 21st April, 1980, an application was made by the State for time to file objection and time was extended till 6th May, 1980. On 3rd May, 1980, the objection had been filed. THE Subordinate Judge proceeded on the footing that for filing of an objection under Section 30 of the Act the period of limitation was 30 days and since the objection filed on 3rd May, 1980 was beyond the 30 day period from the date when notice was given, the said objection was not maintainable.