Judgment

WANCHOO, J. : This is an appeal by special leave against the judgment of the Punjab High Court and arises in the following circumstances. The appellant entered into a contract with the Union of India, respondent herein, for construction of certain highway bridges. In connection with the execution of the contract, some dispute arose between the parties and were referred to the joint arbitration of Sri B. K. Guha and Shri N. P. Gurjar. As there was difference of opinion between the two arbitrators, the matter was referred to an umpire, namely, Sri Dildar Hussain, retired Chief Engineer, Hyderabad. The umpire recorded evidence of the parties and gave his award on May 27, 1981. It appears that the award was made in duplicate and one copy was sent to each party. On August 4, 1961, the appellant made a petition before the Subordinate Judge, First Class, Delhi, under Ss. 14 and 17 of the Arbitration Act, No. 10 of 1940, (hereinafter referred to as the Act). It was prayed that the umpire be directed by the Court to cause the award or a signed copy thereof together with any depositions and documents which might have been taken and proved before him to be filed in Court (S. 14). It w