- (1.) The Court: Heard Mr. Amitesh Banerjee, learned advocate for the petitioner and Mr. Ratnanko Banerjee, learned advocate for the respondent.
(2.) The instant petition being A.P. 112 of 1999 has been filed by the petitioner Indian Oil Corporation Limited seeking direction upon the department of this Court to issue notice of filing of the award under section 14(2) of the Arbitration Act 1940 (in short 'the Act') on the basis of the signed copy of the award sent to the Registrar, Original Side, High Court on 24th August 1993.
(3.) Bereft of details the case of the petitioner is that the sole Arbitrator Mr. K.K. Rai entered upon reference on 31.3.1990. On 31.5.1993 the said Arbitrator made and published his award awarding a sum of Rs. 1,95,51.83p in favour of the petitioner and the claim of the respondent was rejected by him. Unfortunately due to inadvertence the learned Arbitrator made over the original award to the respondent. By the letter dated 31.7.1993 the learned Arbitrator duly requested the respondent to return the original signed award to enable the Arbitrator to take further steps in terms of section 14(2) of the Act. No response was received by the learned Arbitrator from the respondents whereupon on 24th August, 1993 the Arbitrator made over a copy of the award duly signed and certified by him along with the related papers and documents to the Registrar, High Court, Original Side, for being filed and notices being issued in accordance with section 14(2) of the Act. Further case of the petitioner is that by a letter dated 3.12.1998 the petitioner duly requested the respondent to return the original award to the Registrar, Original Side, High Court and the said letter was received by the respondent on 4.12.1998 but no step had been taken in pursuance thereof.;