(1.) HESE two appeals are directed against the common order dated the 17/06/1986 passed by the learned Civil Judge (S.D.) Ahmedabad (Rural) at Narol whereby he has disposed of Civil Misc. Application No. 231 of 1981 and Misc. Civil Application No. 158 of 1985. By this order the learned Judge has allowed Civil Misc. Application No. 231 of 1981 (filed by the present respondent) by accepting the award made by the Sole Arbitrator regarding the disputes between the parties arising from two Contracts. Misc. Civil Application No 158 of 1985 (filed by the appellant) urging that the award may be set aside has been dismissed by the learned Judge. Thus it is the composite order over-ruling the objections against the award and the coverting of it into the rule of the Court which is the subject-matter of tHESE two appeals filed by the Gujarat Water Supply and Sewerage Board (to be hereinafter referred to as the Board) against M/s. Unique Erectors (Gujarat) Pvt. Ltd. (to be hereinafter referred to as the Contractors).
(2.) ONE of the contentions taken up by the Board against the acceptance of the award was that it was pronounced beyond limitation period and the Contractors have filed Civil Application No. 1508 of 1987 urging that if necessary this Court may grant extension of time to make and publish the award (vide Sec. 28 of the Arbitration Act). We propose to dispose of both the appeals filed by the Board and also the Civil Application filed by the Contractors by this common judgment.
(3.) ON behalf of the Board a number of contentions were urged before the learned Judge against the acceptability of the award but Shri A. H. Mehta on behalf of the appellant-Board has not raised all these contentions before us and we shall deal with only those contentions which have been urged before us. The submissions urged before us by Shri A. H. Mehta on behalf of the Board may conveniently be divided under four heads viz. (i) Arbitrability issue (ii) Limitation (iii) Award of interest and the rate at which the same is awarded and (iv) Non-application of mind by the Arbitrator. It may be convenient at this stage to reproduce the award. It reads: @@@" AWARD In the matter of Arbitration Act 1940 AND In the matter of
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