RAKESH KUMAR JAIN
Senior Executive Engineer, Mhc (O&m) Division Pseb, Talwara, district Hoshiarpur – Appellant
Versus
M/s Minhas Builders Village Todarpur Tehsil Garhshankar, district Hoshiarpur – Respondent
Rakesh Kumar Jain, J.
1. This appeal is directed against the order passed by learned District Judge, Hoshiarpur dated 13.8.2008 by which the objections filed by the appellant under Section 34 of the Arbitration and Conciliation Act, 1996 (for short the Act) against the ex parte arbitral award dated 30.4.2003 has been dismissed on the ground of limitation.
2. Shorn of unnecessary details, an agreement between the appellant and the respondent for the work of "making protection of side slopes in deep cutting reach on right side of MHC in between RD17000M to RD17500M" was entered into on 14.12.1990 There was a dispute between the parties in respect of the work contract, which was referred to the sole Arbitrator for adjudication. On a few dates, the appellant had appeared before the Arbitrator but from 29.8.2002, the appellant stopped appearing, resultantly the Arbitrator carried out ex parte proceedings and announced his award under various heads of the claim set up by the claimant/respondent herein. The objections filed by the appellant under Section 34 of the Act have been dismissed by the Court primarily on the ground of limitation observing that the award was announced on 3
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