VINOD KARNAL Vs. STATE OF H P

JUDGEMENT

(1.) THE petitioner has filed the objections against award dated 26th May, 2008, passed by Mr. Pradeep Chauhan, Arbitrator, Superintending Engineer, Circle-IV, H.P.P.W.D., Shimla. In the objections, it has been stated that petitioner was served with the photocopy of the award on 02.06.2008 and limitation had not commenced in the absence of signed copy of award, as required under Section 31 of the Arbitration and Conciliation Act, 1996 ( for short 'Act' ). It has, however, been submitted that in absence of singed copy of award, the present petition has been filed by way of abundant caution in order to save limitation. THE question involved is whether in absence of signed copy of award the petitioner can file objections under Section 34 (3) of the Act.

(2.) IN Execution Petition No. 24 of 2003 an objection was taken by the judgement debtor that signed copy of award was not supplied to the judgement debtor and after the receipt of signed copy of award, the judgement debtor would be in a position to challenge the award within the limitation allowed by the Act. This objection of the judgement debtor was considered by a co-ordinate Bench of this Court on 29.07.2004 and passed the following orders:-

(3.) MR. J.S.Bhogal, Senior Advocate, incidentally was the counsel, who represented the judgement debtor in Execution Petition No. 24 of 2003 also. He has stated that on 13.09.2004, the execution petition was closed.