STATE OF J&K Vs. HUSSAIN BROTHERS

JUDGEMENT

(1.) The State of J&K, through Commissioner Secretary to Government, Health and Medical Education Department, Srinagar, has filed an application seeking the indulgence of this Court in condoning the delay of 234 days in filing the Arbitration Application, inter alia, on the grounds that the Award dated 15-09-2015, passed by the Arbitrator, was filed before the High Court and vide order dated 28-09-2015 of this Court, the parties were given a liberty to take recourse to the appropriate remedial measures, if they so choose.

(2.) It is further contended that immediately after observing that the Award has been passed, steps to implement the same were taken. However, on the perusal of the record and the examination of the Award, the authorities thought it expedient to file an application under section 34 of the Jammu and Kashmir State Arbitration and Conciliation Act, 1987. This process consumed some time, which, was beyond the control of the applicant - State. The delay caused is neither intentional nor deliberate and the State did not show any laxity in pursuing the matter. The applicant - State has proceeded to state that since the impugned Award is patently illegal and contrary to the facts, therefore, the State has a strong case on merits and it is sure to succeed in it. In the end it has been prayed that the ends of justice demand that the delay, caused in filing the Arbitration Application, be condoned by allowing the application for the condonation of delay.

(3.) The respondent - non applicant has filed the objections in opposition to the application for condonation of delay, wherein he has urged that the parties were given liberty by the Hon'ble High Court to take recourse to the remedial measures vide order dated 28-09-2015. It is further stated that the copy of the Award dated 15-09-2015 was received by the applicant - State when the same was filed before the Hon'ble High Court by the Arbitrator. It is further contended that the applicant - State has asserted that it took steps to implement the Award. However, during the examination of the record, the State deemed it appropriate to question the validity of the Award in terms of section 34 of the Arbitration and Conciliation Act. Section 34 of the Act provides that an aggrieved party can challenge the validity of the Award within a period three months with a grace period of one month and there is no scope for extension of time beyond the period of four months. The respondent - non applicant has proceeded to state that in terms of the statutory provision, the Award has to be challenged within the period of three months, which period ended on 27-12-2015. It is averred that even if this period is stretched further by a month, still the application had to be filed on or before 27-01-2016. The application for the condonation of delay in filing the Arbitration Application has been filed in the month of July, 2016. It does not deserve any consideration and is liable to be rejected. There is no provision in the Arbitration and Conciliation Act, as would permit the Court to condone the delay or extend the period for filing such an application beyond four months and as a sequel thereto, the application deserves to be dismissed.