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1953 Supreme(Mad) 68

P.V.RAJAMANNAR, VENKATARAMA AYYAR
H. Chandanmull & Co. , by Proprietor, C. Laxmichand Mehta – Appellant
Versus
Mohanlal M. Mehta – Respondent


Advocates:
K.C. Doraiswami for Petitioner.
A.N. Rangaswami for Respondents.

Rajamannar, C.J.-

This is an application for leave to appeal to the Supreme Court of India against the Judgment and Order passed by us in O.S.A. No. 122 of 1951, dismissing it. This appeal arose out of proceedings under the Indian Arbitration Act. On 2nd November, 1950, an ex parte award was passed for a sum of Rs. 21,052-12-8 with interest and costs in favour of the third respondent herein and against the petitioner. The award was filed into this court in O.P. No. 66 of 1951 which prayed for making the award a rule of Court. Notice of filing the award was served on the petitioner on 27th March, 1951. Under Article 158 of the Limitation Act the petitioner had a period of thirty days from the date of service of notice of filing the award to file an application to set aside the award. The petitioner did not file any such application within time but filed an application, No. 2355 of 1951) purporting to be under section 5 of the Limitation Act for excusing the delay in filing the application to set aside the award. That application was dismissed by Krishnaswami Nayudu, J., on the ground that section 5 of the Limitation Act did not apply. There was an appeal under clause 15 of the Letter















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