Judgment

SABYASACHI MUKHARJI, J. :- Special leave granted. The appeal is disposed of by the order herein.

2. This appeal is directed against the judgment and order of the Division Bench of the High Court of Calcutta, dated 25th August, 1987, dismissing the application for setting aside the award, on the ground that the said application was barred by lapse of time. The award in this case was filed in the High Court on 4th February, 1977. The respondent affirmed an affidavit on 29th November, 1977 stating that the award had been filed in the Court on 4th February, 1977 and prayed that a notice be issued and served on the appellant so that the judgment in terms of the award could be passed.

3. On 10th January, 1978 the respondents advocate-on-record took out a Masters Summons and used the aforesaid affidavit as the ground for the prayers which were made in the Summons. On 1st February, 1978 M/s. Khaitan and Company, Solicitors, on behalf of the appellant, filed a Vakalatnama and a requisition in the department of the High Court for searching the records in this case. On 2nd February, 1978, M/s. Khaitan and Co. searched the records of the High Court of Calcutta. On 4th February, 1978, the