- (1.) Leave granted. Heard.
(2.) The appellant, M/s. New Gramin Milk Cooperative Society Ltd. was a contractor with the Delhi Government in regard to its Delhi Milk Scheme. Certain disputes having arisen between the parties, the appellant sought arbitration in regard to the following claims: JUDGEMENT_259_15_2010_1.html
(3.) Being under the impression that the award could be directly executed, the appellant filed an execution petition on 5.7.1996. By order dated 31.10.1998, the Executing Court rejected the execution petition on the ground that the matter was governed by Arbitration Act, 1940 and under the provisions of the said Act, the award, unless made into a rule of the Court, could not be executed. Thereafter, on 12.1.1999, the appellant filed an application under Section 14 and 17 of the Arbitration Act, 1940 for making a decree in terms of the award. He also filed an application under Section 5 of the Limitation Act, 1963 supported by an affidavit giving reasons for the delay. If the time spent by the appellant in prosecuting the execution proceedings between 5.7.1996 and 31.10.1998 is excluded, the delay was hardly about a month. Learned District Judge, by his judgment dated 8.12.2000 dismissed the application filed by the appellant on the ground that the delay of one month and twelve days was not satisfactorily explained. Even though, there was no application under Section 30 read with Section 33 of the Arbitration Act, 1940, learned District Judge also went into the merits of the award in a casual manner and held that the arbitrator had erred in making the award. The appeal filed by the appellant was dismissed by the High Court by the impugned judgment dated 25.3.2008. The High Court was of the view that the reason given for condonation of delay was not satisfactory.;