HEMANT GUPTA, J. - (1.) THE challenge in the present revision petition is to the order passed by the Courts below whereby it has been found that an application for making the award rule of the court is beyond the period prescribed by law.
(2.) THE Arbitrator announced its award on 23.12.1985. The parties to the dispute were communicated with the announcing of award vide registered A.D. Post dated 26.12.1985. However, the application for making such award as rule of the court was filed on 18.11.1986. It has been found by the learned first Appellate Court that the application to make the award as rule of the Court is beyond the time prescribed by law. Learned counsel for the petitioner has relied upon a judgment of Single Judge of Patna High reported as Raghunandan Prasad v. Ajodhya Prasad, AIR 1982 Patna 212 to contend that the period prescribed in Article 119 of the Limitation Act, 1963 would apply to the objectors to file objections within a period of 30 days from the date of service of notice of the umpire or filing of the award and not in respect of an application for filing of award.
(3.) HOWEVER , I am unable to accept the argument raised by the learned counsel for the petitioner. Section 14(1) of the Arbitration Act, 1940 contemplates that when the arbitrators have made their award they shall sign it and shall give notice in writing to the parties of the making and signing thereof. Sub- section (2) deals with the situation where the award is required to be filed in Court from the arbitrators at the request of any of the parties to the arbitration or at the instance of any person claiming any such party or if so directed by the courts. If award is filed then the court is to give notice to the parties of the filing of the award.;