KUNAL BUILDERS Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is directed against order dated 5.7.2000 passed by learned Single Judge, whereby objections filed under Section 30 of the Arbitration Act by the appellants have been dismissed and in consequence thereof the Award given by the Arbitrator has been made Rule of the Court.

(2.) IN brief the facts are that after adjudication of the disputes between the appellants and the respondent the Arbitrator Shri S. K. Rao, CSW, gave his ward dated 21 -12 -1995 and filed the same before the court. On receipt of the Award, vide order dated 16.4.1996 notice was issued tot he parties. On receipt of the notice for filing of the award in Court, Mr. D. C. Raina, Advocate, on 15.9.1996 put in appearance on behalf of the appellants herein and filed his Vakalatnama in the Registry. The case was listed before the learned Single Judge on 28.1.1997 when it was ordered that objections be filled subject to just exceptions and it was also directed that case be listed on a date to be fixed by the Additional Registrar. The objections on behalf of the appellants were filed on 27.2.1997. An objection was taken by the Union of India that objections filed under Section 30 of the J&K Arbitration Act, 2002, (1945 A.D) cannot be looked into because the same has been filed after expiry of prescribed period of limitation of 30 days from the date of notice of filing of the Award in the Court. It was submitted on behalf of the appellants that objections were filed within thirty days from the date their counsel had put in appearance in the Court and liberty was given by the Court to appellants to file objections. On the other hand, it was contended on behalf of the Union of India that under Article 158 of the J&K Limitation Act, 1995 (193 8 AD) read with IV Schedule of the J&K Arbitration Act, 2002 (1945 AD) the period of limitation for filing objections to set aside an award or to get an award remitted for reconsideration, is thirty days from the date of service of notice of filing of the award. It is contended that counsel for the appellants had put in appearance and filed his vakalatnama on 15.9.1996, after the notice of filing of the award in Court was served upon the appellants and objections filed thus were not within time.

(3.) THE learned Single Judge on finding merit in the submission made on behalf of the respondents held that objections against the award were filed much after the period of thirty days and thus cannot be entertained. Accordingly, objections were not entrained and award was made rule of the Court. Hence the present appeal.