- (1.) This revision petition is filed for setting aside the orders dated 18.03.1996 and 26.07.2003 passed by the Courts below making award dated 10.05.1991 as rule of the Court.
(2.) In brief, there was a contract between the parties for construction of some accommodation in the year 1982-83. The work could not be completed due to the sickness of the Contractor and the time was extended up to 23.08.1985 and the work was completed on that date. Although, as per the petitioners, the final bill submitted by the Contractor was paid, but some dispute arose between the parties and the Contractor submitted 17 claims which were referred to the Arbitrator by the Competent Authority in the year 1989 who commenced his proceedings, but due to change of Arbitrator, the proceedings could not be completed. In the meantime, the Contractor got an order from the Civil Court for reference to the Arbitrator of 28 more claims in the same agreement though initially only 17 claims were asked for reference. The petitioner-UOI submitted objections against the claims submitted by the Contractor and led documentary evidence in its support, but the Arbitrator published his award, i.e. interim award on 17 claims of the Contractor and 4 claims of Union of India, on 10.05.1991. The respondent-Contractor then filed an application under Sections 14 and 17 of the Arbitration Act, 1940 (here-in-after referred to as the "Act") for making the award rule of the Court. The petitioners also filed objection. The learned Civil Court, on the pleadings of the parties, framed the following two issues:- "1. Whether the award dated 10.05.1991 is liable to be set aside on the grounds, mentioned in the objection-petition OP Objection-petitioner. 2. Whether the objection-petition, filed by the Objector-petitioner is barred by time OPR."
(3.) As regards issue no.1, the petitioners had objected that the award is illegal insofar as claim nos.3, 4, 6, 9, 13, 16 and 17 are concerned, but the Trial Court did not accept the objection of the petitioners on the ground that the Civil Court cannot go into the facts of claims made before the Arbitrator. Insofar as issue no.2 is concerned, it pertains to the objections having been filed within limitation. In this regard, the Trial Court has observed that in the order dated 27.10.1993, the Court had alleged that the award was filed by respondent no.3 on the previous date of hearing and respondent no.1 and 2 were proceeded against ex-parte. Earlier to 27.10.1993, the case was fixed for 20.08.1993, which means that the award was filed on that date. On 11.11.1993, the Government Pleader put in appearance on behalf of respondents no.1 and 2 and it was observed that the Government Pleader was made known about the filing of the award by the Court on 11.11.1993. According to the learned Trial Court, the objections could have been filed on 11.12.1993, but were in fact filed on 13.01.1994 which is evident from the order of the Senior Sub Judge, Jalandhar. In view thereof, it was held that since the objections were not filed within 30 days, as envisaged under Clause (b) of Article 119 of the Indian Limitation Act, 1963, therefore, the same were dismissed on both the accounts.;