M.S. Liberhan, J. - (1.) The trial Court vide its order dated September 22, 1978 appointed Sh. S.S. Ahluwalia, as arbitrator. During the course of the proceedings, claimant Pritam Singh died and his legal representatives were brought on record on April 29, 1980. An award for Rs. 1,41,600/74P. with costs of Rs. 1000/- was passed against the respondents, i.e. legal representatives of Pritam Singh in favour of the Food Corporation of India petitioner. The petitioner preferred an application for making the award as rule of the Court and a decree in respect thereto in its favour. The respondents raised various objections including that the award having been passed after the statutory period of four months by which the arbitrator was bound to pass the award, the award cannot be made rule of the Court. Other objections with respect to misconduct were also taken.
(2.) The trial Court came to the conclusion that there was no misconduct or. the part of the arbitrator which could render the award invalid. The award was not made the rule of the Court as it was given after the expiry of statutory period of four months and the time was not extended by the Court. It was held that award given beyond four months cannot be made,4ule of the Court.
(3.) It is not disputed that the partied stave been appearing before the arbitrator in spite of the expiry of the period and before arbitrator, mutually consented to the extension of time for making the award. Finally, the consent for extension of time for giving the award was given on August 28, 1982 till December, 1982. The award was given during this period. The parties never objected before the Arbitrator that the time had expired, rather they had been appearing and participating in the arbitration proceedings.;