- (1.) Challenge in this revision petition is the order dated 4.4.2003 passed by Shri M.S.Chauhan, learned Additional District Judge, Amritsar vide which the order dated 29.4.2000 passed by Shri Ravinder Singh, Additional Civil Judge (Senior Division), Tarn Taran making the Award rule of the Court, was set aside.
(2.) The brief facts of the case are that vide order dated 28.11.1991, on an application moved under Section 20 of the Indian Arbitration Act, 1940 (in short the Act), the trial Court in a civil suit No.409 of 10.12.1988, appointed Smt. Ranjit Kaur as the sole Arbitrator, who was later on removed and Shri S.P.Singh, Advocate was appointed as Arbitrator. Shri S.P.Singh, passed the ex-parte Award dated 14.11.1999, which was submitted in the Court on 8.12.1999. After passing of the Award, Avtar Singh, now respondent filed objections under Sections 30 and 33 of the Act. It is pleaded that ex-parte Award dated 14.11.1999 suffers from many errors and the same is beyond the jurisdiction of the Arbitrator and hence it is nullity in the eyes of law. While appointing Shri S.P.Singh, as Arbitrator, nothing was referred to him. Moreover, it was an ex-parte Award and no notice was given to Avtar Singh-respondent. Shri S.P.Singh, was ordered to file Award on or before 25.2.1999 but the same was filed on 14.11.1999. He has further pleaded that Arbitrator served a notice upon him on 4.2.1999 but the registered cover received back with the report that he has not met. Subsequent registered cover also met with the same fate. The arbitration agreement dated 2.5.1988 is not a valid agreement. The arbitration clause is ambiguous clause as well as arbitration award dated 14.11.1999 is liable to be set aside.
(3.) The said objections were contested by the present petitioner, in which it is pleaded that the present objections are time barred. The objections could be filed within 30 days from the date of the Award. The Award was passed on 14.11.1999. The objections were filed on 3.1.2000 and as such the objections are beyond the period of 30 days and therefore not within limitation. The other averments made in the objection petition were denied.;