C.R. No. 3923 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 3923 of 2009 Date of Decision : 17.7.2009 Haryana State Agriculture Marketing Board, Haryana .......... Petitioner Versus M/s National Trading Company and another ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Ravinder Malik, Advocate for the petitioner. **** VINOD K. SHARMA, J. (ORAL) C.M. Nos. 16271-72-CII of 2009 Allowed as prayed for, subject to all just exceptions. C. R. No. 3923 of 2009 This revision petition is directed against the order dated 2.6.2009, passed by the learned Addl. Civil Judge ( Sr. Divn.), Kurukhetra, dismissing the application moved by the petitioner for extension of time for making of award. It is not in dispute, that the time to make an award had expired in June, 1987. The petitioner took no steps to seek extension of time from the Court. It was only in the year 2000 that the application under Section 28 of the Arbitration Act, 1940 was moved for extension of time. The learned trial Court held, that the application is hopelessly time barred, and that the discretion under Section 28 of the Arbitration Act, C.R. No. 3923 of 2009 2 1940 could not be exercised in favour of the petitioner after 13 years. The learned counsel for the petitioner contends, that the impugned order is liable to be set aside as no limitation is prescribed for moving an application under Section 28 of the Arbitration Act. It is further the contention of the learned counsel for the petitioner, that it is well settled law, that the Court should be liberal in extending the time, therefore, the impugned order is liable to be set aside. On consideration, I find no merit in this contention. The Court has exercised the discretion, and has refused to extend the time after 13 years. The order cannot be said to be illegal or suffers from jurisdictional error which may call for interference by this Court in exercise of jurisdiction under Article 227 of the Constitution of India. No merit. Dismissed. 17.7.2009 ( VINOD K. SHARMA ) 'sp' JUDGE