Prakash Shrivastava, J. - (1.)This appeal under Section 96 of the CPC arises out of the judgment dated 15.11.1999 of the 6th Addl. District Judge, Ujjain in Property Suit No.9-B/89 passed on the application made by the sole arbitrator under Section 14(2) of the Arbitration and Conciliation Act, 1940 (for short "the Act").
(2.)The sole arbitrator had made an application before the court with the plea that the dispute between the appellantIndore Textile Mills (ITM) and the respondent-Technological Institute of Textile (TIT) was referred to him for arbitration. The arbitrator had made the award and signed on 9.8.1989 and given the notice in writing by registered post along with the bill of fees and other charges on 10.8.1989. The TIT vide letter dated 17.8.1989 had made a request to the sole arbitrator to file the award in the court and in pursuance thereto, the arbitrator had filed the award in the court for further proceedings.
(3.)On the application of the arbitrator, notices were issued by the court to the parties and appellant had filed the objection relating to the award being time barred, jurisdiction of the court, misinterpretation of the agreement etc. The respondent had filed reply to the objection taking the plea that the arbitration award was passed in accordance with law by following the due process. It was stated by the respondent that the arbitral award was within time and was as per the agreemnt and the court had the jurisdiction.