- (1.) This revision petition is directed against the order of the Subordinate Judge, First Class, Chandigarh, dated December 9. 1986, whereby the objection petition filed by the Haryana State Electricity Board against the award dated May 23, 1985, was dismissed as barred by time.
(2.) The arbitrator filed the award in Court vide application dated February 13, 1986. On February 17, 1986, the learned Subordinate Judge issued notice to the parties for filing reply, if any, thereto, and the case was adjourned to May 14, 1986. On that day when the case was taken up, nobody was present on behalf of the Haryana State Electricity Board and, therefore, the Court ordered ex-pone proceedings. The case was adjourned to August, 18, 1986, that every day The said Board moved an application for setting aside the ex-parte order. Earlier, it was being contested on behalf of the contractor, but lateron, the statement was made that the ex-parte order be set aside. Consequently, vide order dated October 25, 1986, the Court passed the following order: "Statement recorded. In view of his statement order dated 6 5.86 is sot aside. Now to come up for further proceedings on 31.10.86 because the case has been so adjourned. Neither Asian Cables has filed an application for making the award as a rule of the Court, nor the H. S. E. B. has filed objections."
(3.) On October 31, 1986, the counsel for the parties made a request for a date and the case was adjourned to November 2%, 1986, for further proceedings. On November 24, 1986, objection to the award were filed on behalf of the Haryana State Electricity Board, on behalf of the contractor, Asian Cables Corporation Ltd. it was pleaded that the objection petition was barred by time, as the same were not filed within 30 days of service of the notice of the award. The learned Subordinate Judge found force therein and dismissed the objections vide impugned order dated December 9, 1986. According to the learned Subordinate Judge, the parties appeared in this Court on May 14, 1986, but none of them filed any objection petition till November 24, 1986. The objection petition filed by the Haryana State Electricity Board on November 24, 1986, was beyond limitation Consequently, the award dated May 23, 1985 was made the rule of the Court.;