SABYASACHI MUKHARJI - (1.) SPECIAL leave granted. The appeal is disposed of by the order herein.
(2.) THIS appeal is directed against the judgment and order of the Division Bench of the High Court of Calcutta, dated 25/08/1987, dismissing the application for setting aside the award, on the ground that the said application was barred by lapse of time. The award in this case was filed in the High Court on 4/02/1977. The respondent affirmed an affidavit on 29/11/1977 stating that the award had been filed in the Court on 4/02/1977 and prayed that a notice be issued and served on the appellant so that the judgment in terms of the award could be passed. On 10/01/1978 the respondent's advocate-on-record took out a Master's Summons and used the aforesaid affidavit as the ground for the prayers which were made in the Summons. On 1/02/1978 M/s. Khaitan and Company, Solicitors, on behalf of the appellant, filed a Vakalatnama and a requisition in the department of the High Court for searching the records in this case. On 2/02/1978, M/s. Khaitan and Co. searched the records of the High Court of Calcutta. On 4/02/1978, the appellant filed an affidavit stating that the award had been wrongly filed in the High Court of Calcutta and it should be taken off the file.
(3.) ON 3/05/1978 an order was passed as prayed in the affidavit and the Master's Summons, and on 30/07/1981, a notice under S. 14(2) of the ARBITRATION AND CONCILIATION ACT, 1940 (hereinafter called 'the Act') was served on the appellant. Section 14(2) of the Act enjoins the arbitrator or the umpire to give notice to the parties of filing of the award in order to facilitate the passing of the order thereon.;