NATIONAL INSURANCE CO Vs. AMAL KANTI DAS

JUDGEMENT

(1.) This appeal under Section 39 of the Arbitration Act, 1940 is against the judgment and decree dated 11-4-1994 and 16-4-1994 respectively passed by the learned Asstt. District Judge, Court No. 1 in Title Suit (Arbitration) No. 109 of 1993 rejecting the application of the present appellant for setting aside the award and thereby making the award rule of the Court.

(2.) The appellant is the insurer of the respondent who is dealing in the business of printing, publishing and selling of books etc. under the name and style "M/s. Saraswati Book Depot" 28 Akhaurah Road, Agartala. On 5-7-1991 the shop of the respondent was ransacked and damaged by a group of students and some of the books and articles were also taken away. The respondent reported the matter to the police and also made a claim to the appellant-Insurance company as per terms of the insurance policy being No. 203000/3106259. As per report of a Surveyer appointed by the appellant the loss was estimated at Rs. 18,700/-. As the respondent did not accept the report, the matter was referred to arbitration in terms of the agreement. Mr. S. Roy, Advocate was appointed Arbitrator by the respondent and Sri B. Bhattacharjee, Advocate was also appointed Arbitrator by the Appellant. As the two Arbitrators failed to arrive at a concensus decision, the matter was referred to the Umpire as per the terms of the agreement. Ultimately the Umpire made the Award on 16-8-1993 and same was submitted to the Court on 22-9-1993. On receipt of the notice of filing of the Award the appellant filed an application under Sections 30/33 of the Arbitration Act for setting aside the Award and the learned Assistant District Judge, No. 1 by his Judgment dated 11-4-1994 made the award a rule of the Court.

(3.) Mr. P.B. Dhar, learned counsel for the appellant has assailed the judgment of the trial Court mainly on the ground of limitation. According to the learned counsel, the application for filing of the award under Section 14(2) of the Arbitration Act was filed beyond the time prescribed under Art. 119(a) of the Limitation Act.