UNION OF INDIA Vs. TEKNO TRADING CO

JUDGEMENT

(1.) THIS appeal is arising out of an order passed by the learned District Judge, Jammu, dated 7th of Aug2000, vide which the award dt. 16th of Aug94, passed by the arbitrator has been made rule of the court.

(2.) RESPONDENT was allotted a contract bearing No. CWEK -3/84 -85 for the provision of water supply at Kupwara. This agreement was executed on 24th of May84. The execution of the work was to commence on 6th of Aug84 and the date of completion was 5th of Aug86. A dispute arose between the parties and the matter was referred to the arbitrator. The arbitrator adjudicated the dispute and passed an award dt. 16th of Aug94. The same was filed in the court of learned District Judge, Jammu for making rule of the court. The learned District Judge, Jammu, vide order impugned made the award rule of the court as it is and without any modification, aggrieved by which the appellant -Union of India has preferred this appeal.

(3.) LEARNED counsel for the respondent has raised a preliminary objection that this appeal is not maintainable. He submitted that under Clause 70 of the Agreement, the arbitrator was to give the award within six months from the date of his entering into reference or within the extended time as the case may be. Under Section 14 of the Arbitration Act, 1940 (hereinafter referred to as the Act), the arbitrator is to file the award in the court for making the same rule of the court. If the court finds no cause to remit the award or any of the matter referred to arbitrator for consideration or to set aside the award and the court makes the award rule of the court as it is, then no appeal will lie under Section 39 of the Act.