UNION OF INDIA Vs. KEWAL CHAND JAIN

JUDGEMENT

(1.) Mr. Kashyuap, learned advocate, Central Government Counsel appears on behalf of appellants and submits, impugned is judgment dtd. 7/5/2012 of the Court below, whereby challenge to award dtd. 20/5/2007 as corrected on 16/10/2007 was rejected on ground that it was belated. He submits, the Chief Engineer was dealing with the arbitration through Garrison Engineer. The corrected award was received by the Chief Engineer on 24/4/2008. He demonstrates this as pleaded in paragraph-10 in the application made under sec. 34, Arbitration and Conciliation Act, 1996. He relies on judgment dtd. 16/3/2005 of the Supreme Court in Civil Appeal no. 1784 of 2005 (Union of India v. Tecco Trichy Engineers and Contractors) reported in (2005) 4 SCC 239.

(2.) Mr. Sanganeria, learned advocate appears on behalf of respondent and submits, the Court below took correct view that service of the corrected award to agent/pleader of appellants on 19/3/2008 was good service and the application made on 18/8/2008 was beyond aggregate of three months and thirty days time prescribed by sub-sec. (3) in sec. 34. He relies on view taken by a learned Single Judge of Delhi High Court in Karmyogi Shelters Pvt. Ltd. v. Benarsi Krishna Committee and another reported in 2009 (3) Arb. LR 593 (Delhi), paragraph-20, reproduced below.

(3.) Two paragraphs (Indian Kanoon print) from Tecco Trichy Engineers (supra) are reproduced below.