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2003 Supreme(Del) 325

P.C.JAIN
M. G. F. INDIA LIMITED – Appellant
Versus
DAILY PRATAP – Respondent


Advocates Appeared:
Mamta Mehra, MUKTA Kapur, Nitinjya Chaudhary, S.K.Mehra, V.P.Chaudhary

R. C. JAIN

( 1 ) THIS is an application under Order 47 Rule 1 read with Section 151 CPC moved on behalf of the respondent/judgment debtor seeking review of the judgment/order dated 17. 9. 98 whereby the objections filed by the respondent against the Award of the Sole Arbitrator dated 10. 10. 94 have been dismissed as time barred and the Award of the Sole Arbitrator has been made a rule of the Court.

( 2 ) ON 17. 4. 94, Mr. Inder Jit Gulati, Sole Arbitrator filed his Award dated 10. 10. 94 in the Court and the parties were issued notice of filing of the Award returnable for 18. 9. 95. Counsel for the petitioner had accepted the notice on the same day but did not choose to file any objections within the stipulated period. It is alleged in the application that objections to the Award were filed on 23. 8. 95 and not on 18. 1. 96 as has been noted by the Court in the order dated 17. 9. 98. This is stated to be an error apparent on the face of the record and it is pleaded that had the true facts that the respondent was served with the notice of filing of the Award on 23. 7. 95 and filed the objections on 23. 8. 95 had been correctly noted by the Court, there was only one day delay in fili















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