1. This is a petition for setting aside an award and although there are numerous grounds on which the validity of the award has been challenged in the view that I take of one of these grounds, viz., that the award has not been made within the time allowed by law, it does not become necessary to set out the various grounds or deal with them. I may also mention -- that in addition to the grounds taken in the petition a submission in law was made at the hearing of this petition that the award is outside the scope of the terms of reference and is therefore void.

That again is a matter which it is unnecessary for me to determine on this petition having regard to the opinion I have formed as to this award having been made beyond time.

2. A few dates that are material are these. On 14-12-1953 the Petitioner and the Respondent signed a submission paper and two persons were appointed as arbitrators, viz., Mr. D. Harkare and Mr. I. P. Joshi. The Petitioner and the Respondent filed their respective statements before the paid arbitrators who also held a meeting on 5-1-1954.

Thereafter the said D. Harkare left Bombay; and on 10-3-1954 the Petitioner received a letter from the Respondent da