- (1.) The appellant entrusted certain construction work to the first respondent. On account of non-settlement of its claims, the first respondent raised some disputes which were referred to arbitration. Respondents 2 and 3 appointed as arbitrators, entered upon the reference on 20-5-1992 and made an award dated 19-6-1998. The arbitrators suo motu filed their award before the High Court on 26-10-1999. It was registered as OP No. 150 of 2000.
(2.) On receiving the notice of filing of the award the first respondent also made an application (Application No. 2731 of 2000) in OP No. 150 of 2000 for making the award, a rule of the court. On the other hand the appellant contended that the court should not take cognizance of the award, that unless the parties or either of them requested the arbitrators to file the award into court, or the court directed them to file the award, the arbitrators could not file the award in court, nor could the court receive the award. Reliance was placed upon sub-sections (1) and (2) of Section 14 of the Arbitration Act, 1940 ("the Act", for short) in support of the said contention.
(3.) The appellant also contended that under Article 119(a) of the Limitation Act, 1963 , the period of limitation to file an application under the Act, for filing the award in the court, was 30 days from the date of service of notice of making of the award; and if such an application was not filed by a party under Section 14(2) of the Act, within 30 days of service of notice, the award could not be filed thereafter, being barred under Article 119(a) of the Limitation Act, 1963 .;