( 1 ) CIVIL Judge Junior Division Surat dismissed an application to set aside an award on the ground of limitation namely on the ground that the application was filed after 30 days from the date on which the parties had notice of the filing of the award.

( 2 ) UNDER Article 158 of the First Schedule to the Limitation Act the period of limitation to set aside an award under the Arbitration Act 1940 or to get an award remitted for reconsideration is thirty days from the date of service of the notice of filing of the award. Section 14 (2) of the Arbitration Act 1940 which will hereinafter be referred to as the Act reads as follows :-THE arbitrators or umpire shall at the request of any party to the arbitration agreement or any person claiming under such party or if so directed by the Court and upon payment of the fees and charges due in respect of the arbitration and award and of the costs and charges of filing the award cause the award or a signed copy of it together with any depositions and documents which may have been taken and proved before them to be filed in Court and the Court shall thereupon give notice to the parties of the filing of the award.

( 3 ) IN the instant case the award was originally filed on 2-7-58 by the arbitrator but at the time of doing so he did not comply with the rules framed by the Bombay High Court regarding the documents to be attached to the award to be filed in Court. He therefore filed his affidavit on 18 and the Court passed an order on 19-8-58 which runs asunder:-PLAINTIFF has submitted his affidavit. Hence issue notices of the filing of the award to parties on process fee paid.

( 4 ) THIS order was passed below ex. 1. A similar order was passed on Ex. 14 which is as under :-APPLICANT has made and produced his affidavit today. Hence the award to be considered to have been filed today and notices of the filing of the award be issued to the parties on process fee paid. Pleader of the applicant also agrees to this.

( 5 ) THIS notice was served on 3-9-58 and the application to set aside the award was made on 27-9-58. The application for filing the award which was filed on 2-7-58 by the arbitrator was treated as Regular Civil Suit No. 561 of 1958 and notices were served on the parties of the filing of the award. On the parties objecting the arbitrator was informed that the documents which were necessary to be filed under the rules framed by the Bombay High Court had not been attached to the award and therefore he filed another affidavit on 18-8-58 and produced the necessary documents.

( 6 ) IN appeal the Assistant Judge Surat held that on 19-8-58 when the order was passed in the presence of both the parties the parties were aware of the filing of the award and that therefore the period of limitation should start from the date on which the parties were aware that the award had been filed in Court. He relied on Bholanath v. Mahadev A. I. R. 1952 Calcutta 226 and held that as the application to set aside the award was filed more than 30 days after 19-8-58 the application to set aside the award was beyond limitation. It is this order which is challenged in revision.

( 7 ) UNDER Article 158 of Schedule I to the Limitation Act which is quoted above limitation commences from the date when the notice of the filing of the award is served. But as held by their Lordships of the Supreme Court in Nilkanth v. Kashinath A. I. R. 1962 Supreme Courts 666 when no notice has been issued by the Court under sec. 14 (2) of the Act to the parties of the filing of the award oral informal or constructive intimation given by the Court will serve the purpose of the notice and the date of such intimation will be the starting point of limitation. Their Lordships declared that where a written notice is not given by the Court under sec. 14 (2) of the Act the period of limitation would commence from the date on which oral or informal or constructive intimation had been given to the parties to the filing of the award