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1991 Supreme(Del) 329

JASPAL SINGH
UNION OF INDIA – Appellant
Versus
ASSOCIATED PRODUCERS COMPANY – Respondent


Advocates Appeared:
A.P.AGGARWAL, JAYANT NATH, S.K.TIWARI, S.P.AGARWAL, SANDIP AGARWAL

Jaspal Singh

( 1 ) THE facts giving rise to this judgment fall into a short compass. Let me recapitulate.

( 2 ). On a petition by the Union of India under Section 20 of the Arbitration Act, 1940 (hereinafter called the Act) against M/s. Associated Producers Company. Penang and Mr. Abdul Wahab of Madras, Avadh Behari, J. by his order dated May 26, 1972 appointed Mr. Hardyal Hardy, a retired Chief Justice of this Court, as the sole arbitrator who entered on the reference on September 12, 1972 and made his award on February 21, 1973. Whereas the Award has won whole hearted approval of the Union of India, the other side, namely M/s. Associated Producers Company, Penang as well as its sole proprietor Mr. M. A. A. Wahab have found it totally unacceptable. They have thus filed separate objections under Sections 30 and 33 of the Act.

( 3 ). On the basis of the objections raised, following issues were framed:-

(1) Whether the objection petition has been filed within the period of limitation ? OPO

(2) Whether the objector was not duly served in arbitration proceedings ? If not, its effect ? OPO

(3) Whether the award is liable to be set aside on other grounds mentioned in the objection petition ?























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