UNION OF INDIA Vs. ENGINEERS BUILDERS & ASSO

JUDGEMENT

(1.) A contract for providing Married Accommodation for JCOs/Hav/Ors at Srinagar was allotted to the petitioner on 14th of December, 1979. The amount of the contract was Rs. 16,49,251.03. The work was to be completed before 25th of June, 1981, which was finally completed on 01.12.1984. The contractor invoked condition No. 70 of the IAFW -2249, for appointment of an Arbitrator vide his letter No. 601/EBA/12 dated 02 February, 1993. The intervention of the High Court was sought for seeking appointment of an Arbitrator after respondents/objectors failed to refer the matter to an Arbitrator. It be noted that from 21.12.1993 till the present Arbitrator was appointed, six Arbitrators have been appointed in the matter. The matter was finally referred to Sh. Dev Raj Sharma, retired District & Sessions Judge, who entered into a reference and passed an award on 4th of September, 2007. The award was filed in the High Court for making it rule of the Court. The arbitrator awarded an amount of Rs.65,78,450/ - along with litigation expenses and Arbitrators fee fixed @ Rs.1,00,000/ -. He also awarded 18% per annum interest from the date of award till its realization. After the award was filed in this court, notices were issued to the parties.

(2.) FEELING dissatisfied with the award passed by the Arbitrator, an application for setting aside the award under Section 34 of the Jammu and Kashmir Arbitration and conciliation Act 1997 has been filed in this court on 01.04.2008. It is contended in the application that the objectors received summons through the District Judge, Jammu on 28.12.2007, calling upon them to appear before the court on 28.1.2008. On the said date the copy of the award was delivered to them. The grounds taken in the application are - -

(3.) THE claimant in his objections submitted that application for setting aside the award is barred by limitation as the same has not been filed within the period of three months as contemplated under Sub -Section 3 of Section 34 of the Arbitration and Conciliation Act, 1997.