STATE Vs. P P POULOSE

JUDGEMENT

(1.) By the medium of this appeal appellants have questioned the judgment and order dated 9-7-2008 passed by the principal District Judge, Srinagar in an application, titled as State of J&K v. M/s. P. P. Poulose, on the grounds taken in the memo of appeal (hereinafter, for short, impugned order).

(2.) Appellants invoke the jurisdiction of Principal District Judge, Srinagar in terms of Section 34 of J&K Arbitration and Conciliation Act, 1997 (hereinafter, for short, Act) for setting aside the award dated 15-11-2003 passed by the arbitrators. It is averred that appellants/applicants got the knowledge of the award only on 17-12-2004, thus the petition made was within time. It is profitable to reproduce para-9 of the said petition herein.

(3.) Respondents-non-applicants filed objections and resisted the petition on the plea that motion was belated. Learned District Judge after hearing learned counsel for the parties passed the impugned order and held that the petition was barred by time and, accordingly, dismissed the same. It is observed in the impugned order that the award was opened in presence of learned counsel for the parties in the open Court on 6-10-2004. The appellants/applicants were also aware of passing of the award on 15-11-2003 itself as per the dates, minutes and events maintained by the arbitrators and, accordingly, held that appellants acquired the knowledge about the award on 15-11-2003 and also on 6-10-2004. Learned District Judge also held that the appellants avoided or failed to pay costs/fees to the arbitrators, thereby avoided to receive copy of the award and, accordingly, held that the petition was time barred. It is appropriate to reproduce operative parts of the impugned order herein: