JUDGMENT

A. K. Patnaik, J.-This is an appeal against the order dated 03.01.2003 of the Division Bench of the High Court of Delhi in FAO(OS) No. 551 of 2001 (for short `the impugned order').

2. The facts very briefly are that the appellants and the respondent No.1 entered into a contract for construction of PMT Complex for NSG at Manesar. The contract contained an arbitration clause for resolving disputes between the parties. As disputes arose between the parties, the respondent No.1 invoked the arbitration clause and an arbitrator was appointed. The arbitrator published his award on 17.06.1996 and on 08.07.1996, the respondents filed a petition in the High Court of Delhi under Sections 14 and 17 of the Arbitration Act, 1940 (for short `the Act') for filing the award and for making the award a rule of the court and for passing a decree in terms of the award. The petition was registered as Suit No.1673-A/1996. After the award was filed, notice of the filing of the award was directed to be issued to the parties on 13.01.1997. Notice was served on the Union of India, but notice could not be served on the Executive Engineer, C.P.W.D. A letter dated 21.03.1997 was addressed by the Execut