- (1.) F. A. O. No. 262 and Civil Revision No. 1105 of 1972 both arise out of an application filed bv M/s. Frick India Limited, Jeevan Vihar 3-Parliament Street, New Delhi, under Section 14 read with Section 17 of the Indian Arbitration Act. 1940 (hereinafter referred to as the Act) for making award dated 29th July, 1970 the rule of Court and seeking a iudgment and decree in terms thereof.
(2.) THE respondent described as Executive Engineer. Project Public Health Division No. 4, Chandigarh (Government) contested the abovesaid application, inter alia, on two grounds (i) that the said application was barred bv limitation, and (ii) that it was not maintainable against the respondent. The trial Court framed the following two issues which it decided against the applicant (now petitioner in this Court) :-1. Whether the application Under Section 14/17 of the Indian Arbitration Act is within time ? 2. Whether the application against the office of the respondent is maintainable? The question that primarily falls for determination is as to whether without first legally getting the award filed in the Court it is competent for anv of the parties to the arbitration to seek to have it made the rule of the Court and. obtain a judgment and decree in terms thereof ?
(3.) IN order to appreciate the question posed above a few relevant facts must be noticed. The arbitrator had announced and signed the award in Question on 29th of july, 1970. He forwarded a copy thereof to the parties bv registered post the next day. i. e. , on 30th July, 1970. The applicant M/s. Frick India Limited presented the application in question on 1st of October, 1971, i. e. almost after an year and two months from the date on which the copy of the award had been forwarded to it bv the arbitrator. Prior to the filing of the said application, the applicant had sent 3/4 reminders to the respondent Executive Engineer for making payment of the amount envisaged in the award. Having received no reply from the respondent, the applicant's counsel, Mr. K. R. Kalia wrote to the arbitrator to file the award in the Court, who, in turn, directed him vide his letter dated l2th August. 1971, Exhibit P-l, to apply to the Court and it was thereafter that the application in question was presented to the Court at Chandigarh on the date noticed above.;