H.L. JAIN Vs. PUNJAB STATE

JUDGEMENT

(1.) THIS is an appeal against an order dismissing the objections filed by the Appellant to an award.

(2.) THE Appellant had purchased from the Director of Industries, Punjab, who acted on, behalf of the Punjab State, the Button Making Work Centre at Panipat (District Karnal), including machinery, equipment, manufactured goods and raw material, for a total consideration of Rs. 1,63,520 by means of a registered agreement, dated the 30th of May, 1953. A sum of Rs. 2,500 was paid by way of earnest money and the balance of the amount was to be paid by instalments. As he failed to pay any of the instalments a dispute arose between the parties out of the transaction. It was referred by virtue of clause II, in the agreement to the Secretary to Government, Punjab, Industries Department, who was Shri Mangat Rai, at the material time. The arbitrator made an award on the 31st of October, 1957, the operative portion of which was as follows:

(3.) AS apparently no date was fixed for resubmission of the award, the file was consigned to the record -room on the 11th of August, 1958, After remission, the award, which was written on a stamped paper and was dated the 16th of April, 1959, was refiled in Court in May, 1959, although it is stated in the judgment that it was submitted in July, 1959. Notices were issued to the parties for filing objections, the notice on the Appellant having been served on the 11th of September, 1959. He filed an objections petition on the 21st of October, 1959. The objections were opposed and the following issues were framed: