UNION OF INDIA Vs. SANDEEP CONSTRUCTION

JUDGEMENT

(1.) THIS Miscellaneous appeal is directed against the order dated 29th August 1995, passed by the Subordinate Judge - II, Aurangabad, in Title Suit No. 30 of 1993/89 of 1994 (Arbitration Suit). By the impugned order, the learned Sub - ordinate Judge rejected the prayer of the appellant to set aside the award passed by the Arbitrator and the award recorded by the Arbitrator was made Rule of the Court.

(2.) THE appellant before this Court (Union of India) challenged the very validity of the award and the very reference to the Arbitrator. The respondent 'slawyer submitted that the objection to the award was preferred after six months and odd of the filing of the award in court for which the appellant 'slawyer and the appellant itself, had very much notice. So the objection was hopelessly time barred and, therefore, the impugned order is justified and it does not deserve any interference by this Court.

(3.) IN this connection, firstly, it was pointed out that the agreement between the plaintiff -respondent and the Railways in its Clause 1(b) joined upon the contractor (plaintiff) to abide by the agreement. Clause 1(b) runs as follows :