KRISHEN SINGH Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) THIS is an appeal against an order dated Feb 25th 1970, of the learned District Judge, Jammu, dismissing as time barred the application preferred by the applicant for setting aside the award made by the Chief Engineer, Public Works Department (Roads and Buildings) Jammu, who was designated an arbitrator by the parties in the agreement relating to shingling of road from Rambirsinghpura to Khatmiran, mile 4th. It appears that in connection with the execution of the afore said work in 1965 disputes arose between the parties which were referred without intervention of court to the arbitration of the then Chief Engineer in terms of the aforesaid agreement in October 1968 The arbitrator gave his award on January 21st, 1969.On the same day he gave notice of the making of the award to the parties by sending to both of them a copy of the award. Instead of taking steps to have the award filed and set aside the appellant filed an appeal against the award in the court of the District Judge, Jammu on February 20th, 1969. Along with the memo of appeal he also filed a copy of the award received by him from the arbitrator. On a preliminary objection being taken by the respondent at the hearing the appeal was dismissed as incompetent by the learned District Judge vide his order dated May, 7th, 1969. The appellant there upon made an application before the District Judge Jammu, on June 6th 1969, seeking to set aside the aforesaid award, Along with this application the appellant also filed an application under Section 5 of the Limitation Act for extension of time and for the condonation of the delay. The learned District Judge, dismissed the application holding that it was beyond limitation. While dismissing the application, the learned District Judge, interalia observed: - "Under Art. 158 -A of the Limitation Act an application to set aside an award or to get an award remitted for reconsideration can only be made within 30 days from the date of service of the notice of the filing of the award. The petitioner admittedly came to know of the filing of the award on 20 -2 -1969 when he preferred an appeal for setting aside the same in this court. The present application has not been made even within 30 days of the time, when he preferred an appeal to set aside award.

(2.) IT is against this order that the applicant has come up in appeal to this court.

(3.) WE have heard the learned counsel for the parties and have also gone through the record pertaining to the case.