LALLUBHAI BRIJMOHAN Vs. JAMNADAS HARAKHJI SANGHAVI

JUDGEMENT

(1.) The summons raises the question whether in a case governed by the Indian Arbitration Act IX of 1899 the Court has, under Section 12 of the Act, power to extend the time for making the award after the time for making the award had expired, and although the award has in fact already been made.

(2.) Briefly the facts are as follows. The respondent employed the petitioner to carry out some repairs and structural alterations to his building under a written agreement dated February 16, 1927. The petitioner carried out the work, but a dispute arose between the parties as to his bills. Ultimately, on September 17, 1927, all matters in dispute between the petitioner and the respondent were by mutual consent referred to the sole arbitration of an engineer. The agreement to refer contained no provision as to the time within which the award was to be made. The arbitrator entered on the reference on March 8, 1928. It is clear, therefore, that by virtue of Section 6 of the Act the third provision in the first schedule to the Act applied to the reference under submission, and the arbitrator had to make his award within three months after entering on the reference. The arbitrator, however, made his award on July 81, 1928, whereby he awarded a sum of Rs. 1253 in favour of the petitioner. On November 20, 1928, the petitioner filed a suit on the award in the Court of Small Causes to recover the amount due to him under the award. The respondent filed his written statement on February 1,1929, and inter alia, contended that the award was invalid as it was made after the time allowed by law. The Small Causes Court stayed the suit to enable the petitioner to apply to this Court for enlarging the time for making the award. Accordingly the plaintiff has now moved the Court under Section 12 of the- Act to enlarge the time for making the award.

(3.) Section 12 of the Indian Arbitration Act provides that the time for making an award may, from time to time be enlarged by order of the Court, whether the time for making the award has expired or not.