STATE OF RAJASTHAN Vs. BHANWAR LAL AND COMPANY

JUDGEMENT

(1.) Though the matter has been listed for orders on stay petition but learned counsel for the parties submit that the appeal itself may be decided in view of the fact that only legal point involved in this appeal is whether the objection petition filed by appellant State under Section 17 of the Arbitration Act, 1940 was within limitation or not ?

(2.) The facts of the case reveal that the award was passed on 2.10.2001. The Arbitrator unfortunately expired on 20.10.2001. The application for obtaining the copy of award was submitted by appellant State on 27.11.2001 before the Arbitrator though he died before that. The Arbitrator's son provided photostat copy of the award on 29.11.2001. The appellant submitted objection petition before the civil court on 8.2.2002.

(3.) An objection was raised by the respondent that the objection petition filed by appellant State is barred by time as it has not been filed within a period of 30 days from the date of receipt of copy of award. Said plea prevailed and the objection petition of the appellant was dismissed vide order dated 20.4.2005. Hence, this appeal.