N.N. Mithal, J. - (1.) - The only point raised in this appeal under Section 39 of the Arbitration Act is that the award made by the Arbitration which has been made the Rule of the Court had been filed. beyond time and the same could not have been made Rule of the Court.
(2.) The relevant facts are that a contract had been given for construction of certain building to the respondent and certain dispute having arisen between the parties, the same were referred to an Arbitrator by the court in proceedings under Section 20 of the Arbitration Act. The Arbitrator entered upon a reference and after hearing the parties gave its award and filed the same in court in 10th August, 1989. On behalf of the appellant, an objection was taken that this award was filed beyond time and as such it could not be made the rule of the court.
(3.) It is not disputed between the parties that the extended time for giving the award was only upto 5th August, 1989. It is also not disputed that the parties had made a joint application for extending time for filing the award on 31st July, 1989. The time was sought to be extended until 13th August, 1989 to enable the Arbitrator to submit its award. The grievance made by the appellant is that no orders on this application have been passed by the court and, therefore, unless there is a specific order passed, it can not be deemed that time has been extended for filing the award. The argument is countered by the other side by submitting that when the application was jointly made for extending time by the parties within time, it must be assumed that there was consent of the parties and, therefore, under Section 28(2), it will be deemed that time has been extended.;