STATE OF KERALA Vs. MADHUSOODANAN PILLAI
HIGH COURT OF KERALA
STATE OF KERALA
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John Mathew, J. -
(1.)RESPONDENTS 1 and 2 in O. P. (Arbitration) No. 110/88 before the Sub Court,kollam are the appellants. Certain disputes between the appellants and the respondent were referred for arbitration by the Chief Engineer (Arbitration ). The arbitrator after consideration of the case, passed an award on 1-6-1988. The award was filed before the lower court. The respondent herein filed an application under S. 17 of the Arbitration Act praying to accept the award and to grant a decree in terms of the award. That application was filed on 6-9-1988. As seen from the B diary it was registered on 7-9-1988 and numbered as O. P. 110/88. Notice was ordered on 9-9-1988. Notice was made returnable on 18-11-1988. The 1st respondent (1st appellant herein) received notice on 21-10-1988 and the 2nd respondent (2nd appellant herein) received notice on 4-11-1988. RESPONDENTS entered appearance on 18-11-1988. They prayed for time to file objections and the petition was posted to 13-1-1989. On 6-12-1988 the appellants filed LA. 2559/88 under V S. 30 of the Arbitration Act praying to set aside the award.
(2.)ON 13-1-1989 the appellants filed objections. Thereafter the petition was adjourned about 29 times. Ultimately by order dated 9-12-1991 the lower court dismissed I. A. 2559/88 and a decree in terms of the award was passed by the order now challenged in this appeal. The only ground stated in the order of the lower court was that the objection by way of i. A. 2559/88 was dismissed as barred by limitation and there is no petition to condone the delay. In the order on I. A. 2559/88 the lower court has given the same reason that it was time barred.
Therefore, the only question is whether the court has power to grant time to file a petition for setting aside an award or for remitting the award for reconsideration.
(3.)UNDER Art. 119 (b) of the Schedule to the Limitation act, 1963 the period of limitation for setting aside an award or getting an award remitted for reconsideration is thirty days from the date of service of the notice of the filing of the award.
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