MRS RATAN SINGH GEHLOT Vs. UNION OF INDIA & ORS.
LAWS(RAJ)-1995-10-27
HIGH COURT OF RAJASTHAN
Decided on October 04,1995

Mrs Ratan Singh Gehlot Appellant
VERSUS
Union of India And Ors. Respondents

JUDGEMENT

R.R. Yadav, J. - (1.) :- This revision petition arises out of an order dated 8.7.94 passed by learned District Judge, Jodhpur in Civil Misc. Case No. 37A/94 holding that objection filed by the contesting opposite-party No. 4 on 25.5.94 under Section 30 read with Section 33 of the Arbitration Act, 1940 (hereinafter referred to as 'Act No. X of 1940) was within limitation from the date of opening of the original Award dated 12.2.1994. The original Award in sealed envelope was received in his Court on 19.4.1994 and was opened by him on 7.5.1994 in the presence of the revisionist-counsel alone.
(2.) In the instant revision petition in hand, a short question arises for consideration as to whether the period of limitation of 30 days as contemplated under Article 119 (b) of the Schedule in the Limitation Act, 1963 runs from the date of service of notices to the contesting parties issued by the learned District Judge under sub-sec. (2) of Section 14 of Act No. X of 1940 in pursuant to filing of an authenticated signed copy of the Award dated 12.2.1994 by the revisionist M/s Ratan Singh Gehlot, who was authorised to file signed copy of the Award in the court of learned District Judge on behalf of Arbitrator or from the date of opening of the original Award in Court on 7.5.94 in presence of learned counsel for the revisionist alone.
(3.) Brief facts necessary to be noticed for disposal of the revision are that the revisionist is Class 'A' Contractor of M.E.S. with Head-quarters at Jodhpur. The revisionist was given contract for technical structures at Jamnagar under Contract Agreement No. CA No. CE(P) J/JMR/34 of 84-85.;


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