STATE OF BIHAR Vs. C P SINGH

JUDGEMENT

(1.) The defendant has filed this application against the order of the 3rd Additional Subordinate Judge, Munger, refusing to accept its written statement challenging the validity of an award, on the ground that it was barred by limitation as well as not maintainable in his court. The relevant facts, briefly stated, are as follows. The plaintiff opposite party had taken up a contract work for construction of an additional Spillway at Kharagpur Lake in the district of Munger under an agreement in the year 1966, Some difference arose regarding payments giving rise to a dispute which was ultimately referred to the arbitration of the Superintending Engineer, R.E.O., opposite party no. 2. On 14.8.1978 an award in favour of the plaintiff was given by the said Arbitrator for Rs 1,06,101/., besides interest. On 9.9.1978 an application was accordingly filed by the plaintiff in the court of the First Subordinate Judge a Munger fur calling upon the Arbitrator to file the award in court and thereafter to make the same a rule of the court. On the basis of this application a title suit was registered.

(2.) The petitioner appeared in the said case on 19.12.1978 through the Government Pleader and Prayed for time to file written statement. The Arbitrator, however, filed the award on 12.1.1979 in a sealed cover, but no written statement was filed for a considerable time and adjustments were sought for by the petitioner on the pretext that unless the award was allowed to be inspected no written statement could be filed. The sealed cover containing the award was ultimately opened on 4.9.1980 in presence of both the parties and the same was impounded as it was not on a properly stamped paper. The requisite stamps were supplied on 19.9.80. The written statement was filed on 1.10.1980 in the court below where the suit had in the meantime been transferred from the file of the First Subordinate Judge.

(3.) The main grounds in challenge of the award, taken by the petitioner in its written statement were: