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1990 Supreme(Del) 189

ARUN B.SAHARYA
KANISHKA BUILDERS – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Manmohan Sarin, PRAMOD SEHGAL, SUSHIL SALVAN

Arun B. Saharya

( 1 ) THE petitioner has filed an application under Sections 14 and 17 of the Arbitration Act, 1940 praying that the arbitrator, respondent No. 2, may be directed to file the original award dated 27th of October 1988 together with depositions/docummts and arbitration proceedings in this Court. This petition has been registered as a suit.

( 2 ) AFTER the arbitrator filed and award along with the proceedings etc. in this Court, notice of filing of the award was issued to the petitioner and to respondent No. 1. No objections to the award were, however, filed within the prescribed period. Later, respondent No. filed objections under Sections 30 and 33 of the Arbitration Act and thereafter moved an application under Section 5 of the Limitation Act for condonation of delay. These applications were registered as I. A. 2861/89 and I. A. 8962/89 respectively.

( 3 ) THE record shows that notice of filing of the award was served upon the respondent Union of India, through Secretary, Ministry of Defence, South Block, New Delhi on 6th of February, 1989. But, the objections were filed on 10th of April, 1989 and the application for condonation of delay on 30th of November, 1989.

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