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P.K.JAISWAL
Ashok – Appellant
Versus
K. K. Saxena – Respondent
1. This appeal under section 39 of the Indian Arbitration Act, 1940 (for short "the Act") has been filed by the appellants, against the order dated 18.2.1991 passed by the Third Additional District Judge Vidisha in MJC No. 2/88, by which the trial Court rejected the application for making the award Rule of the Court, filed under section 16 of the Act and held that the award dated 8.3.1982 was ineffective and void.
2. It is submitted by the learned counsel for the appellants that with the consent of the parties vide agreement dated 29.5.1980 the matter was referred to the arbitrators and they entered upon the reference on 29.7.1980, completed the arbitration proceedings and passed the award on 8.3.1982. The respondents even after expiry of four months period that is, the period prescribed for giving the award, appeared before them, took part in the proceedings before the Arbitrators and never raised any objection to the arbitration proceedings and only when an application under section 16 of the Act for making the award Rule of the Court was filed, they raised an objection and in such a situation the condition of four months period will be deemed to have been waived. Learned
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