- (1.) J. C. Mishra, J. This revision has been filed against the order dated 25-2-1999 passed by Additional Civil Judge (Senior Division), Agra, making the award, the rule of Court on the ground that no objection was filed by either party and awarding interest at the rate of 15% from the date of order till the date of realisation on the amount awarded.
(2.) THE revision was time-barred. The application filed by the revisionist to condone the delay was allowed after hearing the parties. Initially the learned Counsel for the opposite party had raised preliminary objection that the impugned order is not revisable and being a decree only appeal could be filed. However, during the hear ing the learned Counsel for the opposite party gave up this plea and argued the revision on merits. The grievance of the revisionist is that no notice as envisaged under Section 14 (2) of the Arbitration Act was given and, therefore, the award could not be made the rule of the Court.
(3.) THE learned Counsel for the op posite party on the contrary contended that since the Counsel of the revisionist had knowledge about the filing of the award, there was no necessary of giving a notice by the Court and as no objection was filed by the revisionist disputing the award the same was rightly made rule of I he Court. In order to appreciate the argu ment advanced by the learned Counsel, a brief resume of some events may be given. It is not disputed that an application under Section 20 of the Arbitration Act was moved before the Additional Civil Judge, Agra in Suit No. 137 of 1995 on 17-2-1995 and the sad application was allowed on 17-8-1995. The Umpire Jethanand Ji filed award on 13-1-1998. The learned Addi tional Civil Judge directed the office to inform the learned Counsel for the par ties, namely. Sri Prem Narain Agrawal, the learned Counsel for the East India Hotels and Sri Suresh Chandra Gupta, the learned Counsel representing the Agra Development Authority. The Umpire was further directed to file documents con cerning the award. The learned Additional Civil Judge fixed 24-12-1998 for further orders.;