RAJASTHAN HOUSING BOARD Vs. INDERJEET SINGH JADON

JUDGEMENT

(1.) Instant appeal has been filed by the appellants-objectors (for short 'the objectors') against the order dtd. 17/11/2017 passed by Additional District & Sessions Judge No.7, Jaipur Metropolitan, Jaipur in Arbitration Case No.175/2016 CIS No.86/2016, whereby the objections filed by the objectors challenging the award dtd. 9/1/2016 passed by sole Arbitrator, have been dismissed. Learned counsel for the objectors submits that the trial court wrongly dismissed the objections filed by the objectors under Sec. 34 of Arbitration and Conciliation Act, 1996. Learned counsel for the objectors also submits that the said order was passed by the trial court on 17/11/2017. The present appeal was filed by the objectors on 5/4/2019. The said appeal is time barred by 408 days but the objectors had filed an application under Sec. 5 of the Limitation Act in which objectors had explained the delay caused in filing of the appeal. Learned counsel for the objectors also submits that application for procuring the impugned order was moved and copy was provided on 8/2/2019. After that, objectors sought the legal opinion and got approval from the Competent Authority. Thereafter, due to winter vacations, appeal could not be filed. So, delay in filing the appeal be condoned because delay is bona fide. Learned counsel for the objectors also drew the attention of this Court towards the order dtd. 11/9/2019 in which inadvertently, delay condoned was not mentioned but co-ordinate bench of this Court was satisfied and issued notices and also stayed the execution of the award dtd. 9/1/2016 and order dtd. 17/11/2017. So, application filed by the objectors under Sec. 5 of the Limitation Act be allowed.

(2.) Learned counsel for the objectors has placed reliance upon the following judgments : (1) M/s Consolidated Engg. Enterprises Vs. Principal Secy. Irrigation Deptt. & Ors. in Civil Appeal No.2461/2008 (Arising out of SLP (C) No.10311/2005) decided on 3/4/2008 and (2) Delhi Development Authority Vs. M/s Satish Steel Traders & Ors. in RSA No.325/2014 decided on 2/2/2015.

(3.) Learned counsel for the non cross-objector-claimant has opposed the arguments advanced by learned counsel for the objectors and submitted that the present appeal was filed after a delay of 408 days. Learned counsel for the non cross-objector- claimant also submitted that application under Sec. 5 of the Limitation Act is not applicable in arbitration proceedings. Learned counsel for the non cross-objector-claimant also submitted that lower court had passed the order on 17/11/2017. After that, non cross-objector-claimant had filed the execution petition before the Court in which objectors had put in appearance on 6/10/2018.