Judgement

JUDGMENT:-This is an appeal under Sec. 39 of the Arbitration Act against a decision of the learned First Additional Subordinate Judge. Cuttack rejecting the appellant s objections to the award of the Arbitrator on the ground of limitation.

2. The respondent was entrusted by the Union of India with the work of "Strenethening and Extension of Main Runway and Apron, and Construction of Parallel Taxi-tracks at Charbatia. S.H.: Runway. Taxi Tracks and culverts". Dispute between the parties arising out of the agreement was referred to Shri B.M. Das, Superintending Engineer, N.H. Circle, Bhubaneswar. He made the award on 17-3-80 and sent it to the court with a forwarding letter. The award was received by the court or 18-3-80. In his forwarding letter the Arbitrator had requested the court to fix his remuneration and indicated that the copies of the award would be made over to the parties only after they deposited his remuneration as fixed by the court. The copies of the said forwarding letter were sent to the parties by the Arbitrator. On 27-5-80 the appellant received a notice from the court below to the effect that the arbitrator had filed the award on 18-3-80 and any objection