- (1.) This order shall dispose of two petitions bearing CR No.3588 of 1999 titled as "M/s Jit Singh Jaimal and others Vs. M/s Khullar Enterprises and another" [for short 'Ist petition'] and CR No.4173 of 1999 titled as "M/s Jit Singh Jaimal Singh and others Vs. M/s Khullar Financiers" [for short 'IInd petition'] The question involved in both the petitions is the same as to whether an application for making an award rule of the Court could be filed beyond the period of 30 days prescribed under Article 119 (a) of the Limitation Act, 1963?
(2.) In the Ist petition, the Arbitrator announced his award on 7.2.1986. This fact is admitted by O.P. Khullar in his cross-examination while appearing as RW1. In the IInd petition also O.P. Khullar had appeared as RW1 and admitted in his cross-examination that the Arbitrator announced his award orally on 7.2.1986.
(3.) Learned counsel for the petitioners has further submitted that in the Ist petition, application under Section 14 and 17 of the Arbitration, 1940 [for short 'the Act'] was filed on 18.7.1987 for making the award rule of the Court in which the petitioner filed the objection, inter alia, on the ground that the application is barred by limitation as it has been filed beyond the period of 30 days. Although it is submitted by learned counsel for the petitioner that there are other points also involved in this case but if the revision petition is allowed on the ground of limitation, the other points are not required to be urged, therefore, I am taking up his first objection regarding the order passed by the Court below, deciding his objection in respect of limitation, in filing of the application under Order 14 & 17 of the Act. It is also submitted by learned counsel for the petitioners that even in the application filed under Section 14 & 17 of the Act, there is no reference of the date on which respondent had acquired knowledge of the pronouncement of the award.;