- (1.) Heard learned Counsel for the appellant and learned Counsel for the respondent/opposite party.
(2.) This appeal is directed against the judgment and decree dated 22.07.1997 (decree signed on 30.07.1997) passed by Sri Raghubir Sharan Pandey, Sub- Judge-I, Ranchi in Miscellaneous Case No. 35 of 1995, by which judgment learned Sub Judge after rejecting the objections made by the appellant, Central Coalfields Limited made the award rule of the court.
(3.) It is submitted by learned Counsel for the appellant that the learned Sub Judge failed to consider the fact that the claims raised by the contractor-respondent, M/S. S.K. Dutta & Company were time barred and the learned Sub Judge should have dismissed the award in spite of making rule of the court. He has further submitted that the appellant had made an objection that the counter claim made by the appellant were not considered, and as such, the award was bad in law and fit to be set aside. It is further submitted that non-consideration of counter claim is an error apparent on record and should not be made rule of the court.;