PUNJAB STATE Vs. RAI SAHIB MEHTA

JUDGEMENT

(1.) The appellants had allotted the work of construction of boundary wall around Workshop Yard of the Thein Dam Complex at Shahpur Kandi (Pathankot) to the respondent-contractor. There was a dispute. Vide order dated December 1, 1993 it was referred to Mr. Hardyal Gupta, Superintending Engineer, for decision. On June 30, 1994 the Arbitrator gave his award. It was received by the Court on July 1, 1994. No November 21, 1994 the appellants filled their objections. The Court framed the following issues : (1) Whether the objection petition is within limitation ?. . . . . . . OPo (2) Whether the award dated 30-6-1994 is liable to be set aside on the ground as set out in the objection petitions ?. . . . . . . . . OPo (3) Relief. The findings on issue Nos. 1 and 2 were recorded against the appellants. The objections were dismissed. Hence this first appeal against the order passed by the learned Civil Judge (Senior Division), Amritsar.

(2.) Mr. P. D. S. Chhina, Sr. D. A. G. , Punjab, contends that the Court had fixed November 21, 1994 for the filing of objections. The objection were actually filed on that date. In this situation it could not be said that the objections were barred by limitation.

(3.) The claim made on behalf of the appellants has been controverted by Mr. B. R. Mahajan, Advocate, who appears for the respondent-contractor. Learned counsel submits that the appellants had appeared in Court on September 19, 1994. The case was adjourned to October 8, 1994. The objections could have been filed on that date. The objections were not filed despite direction by the Court. Thereafter, the case was adjourned to November 21, 1994. By that time, limitation of 30 days for filing the objections had expired. Thus, the objections were barred by limitation.