- (1.) Leave granted.
(2.) An award made on 19.6.1990 at Faridabad reads as follows: "The case as referred to the undersigned by the CE/Arb. Vide his memo No.CE/ARB/125/1689 dated 11.5.1988 for adjudication of dispute between the parties related to the charges levied on the claimant-company by the respondent-HSEB on account of defaulting amount of another connection bearing account no.2SP-441, which existed in the same premises.
(3.) After going through the proceedings took place, documents/record produced and evidence/arguments adduced by the parries, I have come to the conclusion that the claimant-company is liable to pay the case of the above defaulting/disconnected connection and respondent is rightly entitled to recover the outstanding dues from the claimant company. When this award was sought to be made rule of the Court, inter alia, an objection was raised that the said award has been passed after expiry of the time within which it ought to have been made. The appellant took the stand that the parties themselves had not only throughout agreed for the extension of the time but acquiesced in the proceedings and, therefore, it is not open to the respondents to contend now that the award is passed belatedly. The trial Court took the view that inasmuch as the parties had agreed for extension for time to make the award and also participated in the proceedings of arbitration time must be deemed to have been extended and it was no longer open to them to contend to the contrary now. On that basis the trial Court made the award decree of the Court.;