RAJESH BUILDERS Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) Facts giving rise to this case are that a contract agreement was entered into between the Union of India through Garrison Engineer, 863 EWS C/O 56 APO (hereinafter to be referred as 'the Defendant-objector') and M/s. Rajesh Builders (hereinafter to be called 'the Plaintiff-contractor-claimant'). By the said agreement, work was allotted to the Plaintiff-contractor-claimant by the Defendant-objector under the CA No. CWE/(P)/Jut-14/89-90: Provn of OT Complex for Section Hospital at Pooh.

(2.) The sole arbitrator referred to above thereupon entered into the reference and ultimately announced his award on 30.6.1997. The said award is now before this Court for being made Rule of the Court, subject to the decision of the objections filed by the Defendant-objector under Section 30 read with Section 33 of the Indian Arbitration Act, whereby the award of the arbitrator dated 30.6.1997 has been challenged. The Defendant-objector has also filed an application under Section 5 of the Limitation Act for condoning the delay in filing the said objections, which is O.M.P. (M) No. 13 of 1998. By this judgment/order, I propose to dispose of both the objections i.e. civil suit No. 57 of 1997 and the said application being O.M.P. (M) No. 13 of 1998.

(3.) Taking up the application for condoning the delay first, according to the record, the objections are time-barred by 55 days. The sufficient cause as indicated in para-3 of the said application for condoning the said delay is as follows.-