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1989 Supreme(Ker) 376

KRISHNAMOORTHY
J. B. Enterprises – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. The revision petitioner entered into a contract with the State for the work of "Construction of a building for Government High School, Ollur" on 26-2-1977. Disputes and differences arose between the petitioner and the respondents relating to the contract and as per the arbitration clause in the agreement the disputes were referred to the appointed arbitrator. He passed an award on 22-3-1985. The Arbitrator by an authorisation letter dated 11-3-1986 authorised an advocate (who is the advocate for the revision petitioner also) to file the award in court. Accordingly the award was filed on 11-7-1986. On the same day the revision petitioner filed O.P. (Arb.) No. 82/86 under S.17 of the Arbitration Act, for making the award a rule of court and to pass a decree in accordance with the award.

2. The respondents filed an objection contending among other things that the award was filed long after the expiry of the period of limitation provided for under Art.119(a) of the Limitation Act. They further contended that as the award was not filed in court within 30 days from the date of receipt of notice of passing of the award, the application is barred by limitation and a decree ac























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