JUDGMENT

G.N. RAY, J.

(1) IN Civils Nos. 3882-85 of 1990 and Special Leave Petitions (Civil) Nos. 10832-33 of 1989 this court by order dated 18/11/1991 referred the disputes and differences in the said Civils and leave applications to arbitration by consent of parties. The order passed on 18/11/1991 is to the following effect:

"THE disputes and differences referred to in the aforesaid matters are by consent referred to the arbitration of Mr J.P. Thakur, Deputy Chief Engineer (Civil) Koylanagar P.O., Koylanagar District, Dhanbad, Bihar. Both the parties undertake to file a regular reference agreement before the said arbitrator within two weeks. Award to be made within four months thereafter."

(2) THE sole arbitrator thereafter entered the reference and parties to the arbitration appeared before the arbitrator and made submissions. The arbitrator thereafter made an award on 14/2/1994 and such award was filed before this court by the arbitrator. The Registry of this court gave notice of filing of the award on 29/4/1994 to the learned counsel for both the parties. The respondents namely M/s C.K. Ahuja and another made an application under S. 14(2, 17 and 29 of the Indian Arbitration Act, 1940 on 11/7/1994 before this court inter alia praying that the award dated 14-2-1994 delivered by the sole arbitrator, Shri J.P. Thakur, be made rule of court and interest @ 24% be also given to the appellants on the awarded sum from the date of the award. It appears that Civils Nos. 3882-85 of 1990 were listed on 22/3/1993 for hearing but in view of the fact that the disputes relating to the appeals had been referred to arbitration by consent of parties this court by order dated 22/3/1993 dismissed the said appeals.

(3) THE applications under S. 14(2, 17 and 29 of the Indian Arbitration Act came up for hearing but on the prayer of Mr G.S. Chatterjee, the learned counsel for M/s Bharat Coking Coal Ltd., a direction was given to issue fresh notice on M/s Bharat Coking Coal Ltd. about the filing of the award. Such notice, however, was issued without prejudice to the contentions of learned counsel for M/s C.K. Ahuja and another that the period for filing objections was already barred by limitation. The objections to the award have, however, been filed on 20/11/1994.

(4) THE said applications under S. 14(2, 17 and 29 of the Indian Arbitration Act have been numbered as lAs Nos. 9-12 of 1994 in Civils Nos. 3882-85 of 1990. At the hearing of the said applications, learned counsel appearing for M/s Bharat Coking Coal Ltd. has contended that as the award was not filed and signed in proper manner, the same should not be taken into consideration. It was also contended that the copy of the award was required to be supplied to the parties and since copy of the award was not given to M/s Bharat Coking Coal Ltd., the question of filing objections did not arise. It was also contended that the said award was not filed in proper court. Accordingly, there was no question of limitation running from the date of filing the award. In support of the contention that there will be no question of limitation if the award is not filed in proper court reliance is made to a decision of this court in State of M.P. v. Saith and Skelton (P) Ltd. It may be stated here that the learned counsel for M/s Bharat Coking Coal Ltd. took inspection of the award on 3/10/1994 but the objection to the award was not filed within thirty days from such inspection. Disputing the said contentions, Mr Bhandare, the learned counsel appearing for M/s C.K. Ahuja and another, has contended that the reference to arbitration has been made by this court on the prayer of the parties. Accordingly, the arbitration proceedings have originated in this court. Therefore the award is required to be filed before this court. Consequently, the objection if any to the award is also required to be filed before this court. He has also submitted that at no point of time, any