RAM DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE claimant -contractor is the Appellant against the order of the Subordinate Judge setting aside an award of the arbitrator and dismissing the claimant 's application to make the award a rule of Court.

(2.) THE Appellant -contractor entered into an agreement with the Chief Engineer, Dry Dock. 9,1. R. S. D. Area, Visakhapatanam, for construction of a twenty -bedded hospital and mess at Chilka by agreement No. CEDD/Chilka/3 of 1977 -78. Disputes having arisen between the parties regarding execution of the contract, the same was referred to the sole arbitration of Shri B. K. Patra, a retired Judge of the Orissa High Court, who has in the meantime expired. The arbitrator considering the materials before him passed the award for a sum of Rs. 8,01.126.81 paise in favour of the claimant -contractor. The award was received in the Court of the Subordinate Judge on 2.1 -1984 and on receipt of the notice from the Court, objection was filed on behalf of the Union of India under Sections 30 and 33 of the Arbitration Act. The objection in question was registered as Misc. Case No. 43 of 1984. The claimant -contractor, however, prayed for making the award a rule of Court. Both the application and the objection were disposed of by the impugned judgment by which the Subordinate Judge has set aside the award in question.

(3.) BEFORE the Subordinate Judge on behalf of the claimant -Contractor, an objection had been raised to the effect that the Respondents not having filed the objection within thirty days from the date of receipt of the notice, the objection cannot be considered and must be rejected in limine. The Respondents, it appears, had filed an application under Section 5 of the Limitation Act. From the order of the Subordinate Judge, it further appears that the Respondents appeared in Court an 4; -1 -1984 and were allowed time till 2 -2 -1984 to file objection. On 2 -2 -1981, they were again allowed time till 5 -3 -1984, but they filed the objection an 24 -2..1984. Relying upon the decision of the Court in, the case of Gangaram Chhapolia v. Chief Engineer, Orissa and Ors., A.I.R. 1982 Ori 262, the learned, Subordinate Judge condoned the delay in filing the objection and Mr. Palit appearing for the claimant -contractor does not challenge the said conclusion of the learned Subordinate Judge.