TARA SINGH CONTRACTOR Vs. UNION OF INDIA

JUDGEMENT

(1.) ON a dispute having arisen between the parties as per the arbitration clause under the agreement, the same was referred to the arbitrator for adjudication The award was announced on 30. 7. 1985. Petitioner filed an application under Section 14 (2) of the Arbitration Act, 19-0 (hereinafter referred to as the Act) for filing of the award in Court. The Court issued notice of the application under Section 14 (2) of the Act to the arbitrator as well as Union of India for 8. 11. 1985.

(2.) ON 3. 10 1985, the award was filed by the arbitrator in Court. No notice of the filing of the award was given to the parties by the Court under rule 11 of the rules framed by this Court named as Punjab and Haryana High Court Arbitration Rules which provides that when the award has been filed in Court, the Court shall forthwith issue notice to the parties interested in such award. On 8. 11. 1985 that is the date fixed, there was a strike of the members of District Bar Association, Chandigarh. Counsel for the parties did not appear any proxy counsel appeared on their behalf. The case was adjourned to 9. 12. 1985 for filing of the objections to the award which had already been filed. On 9 12. 1985 counsel for the parties put in their appearance and prayed for time to file objections to the award. The case was adjourned to 21-12. 1985 for filing of the objections. Objections were filed on 10. 12. 1985 by the petitioner. In reply to the objections, respondent-Union of India raised the point that the objections have been filed beyond limitation. This objection of Union of India was upheld by the trial Court and objections filed by the petitioner were dismissed as having been filed beyond limitation. The order of the trial Court was confirmed by the appellate Court as well vide its order dated 18. 1. 1990. The petitioner has filed the present revision petition challenging the orders of the Courts below rejecting his objections on the ground of having been filed beyond limitation.

(3.) I have heard the learned counsel for the parties at length.