C.R. No.3902 of 2002 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.3902 of 2002 Date of Decision:- 20.02.2008 Executive Engineer HSAMB, Jind and another ....Petitioner(s) through Mr.Durgesh Aggarwal, Advocate vs. Satish Kumar Jain ....Respondent(s) through None. *** CORAM:-HON'BLE MR.JUSTICE SURYA KANT. *** 1) Whether Reporters of the local papers may be allowed to see the judgment? 2) To be referred to the Reporters or not? 3) Whether the judgment should be reported in the Digest? *** SURYA KANT, J. (ORAL) This civil revision petition is directed against the order dated 30.1.1999 passed by the learned Additional Civil Judge (Sr.Division), Jind whereby objections filed by the petitioner-Board against making of the award passed by the Arbitrator as rule of the Court, were dismissed being barred by limitation and the said award was made rule of the Court along with interest at the rate of 10% per annum on the amount awarded by the Arbitrator, as well as against the order dated 28.2.2002 passed by the learned Additional District Judge, Jind, dismissing the petitioner's appeal against the above-mentioned order of the trial Court. The facts may be noticed briefly. A dispute between the petitioner and the respondent was decided by the Arbitrator vide Award dated 24.5.1995. The respondent filed an application before the Civil Court to make the said award as rule of C.R. No.3902 of 2002 -2- the Court. The Arbitrator placed the original award on the record of the Civil Court on 1.10.1996. The petitioner-Board thereafter filed its reply- cum-objections on 16.10.1996 taking the plea that the award was against law and facts on record. Those objections unfortunately were not placed on the file of the learned Civil Court as is apparent from an order dated 3.4.1997 passed by it and which reads as follows:- “The objection to the application of plaintiff to make award dated 24.5.1995 rule of the court were filed by the defendant on 16.10.96. The objections were not placed on the file by the Reader/Ahlmad of the Court. Explanation of the Reader/Ahlmad be called. Now the case come up for reply to the objection be filed on or before 10.4.1997.” The petitioners thereafter appears to have filed another set of objections on 9.5.1997 which were, however, turned down by the learned Civil Court vide its impugned order dated 30.1.1999 after holding that the same having been filed beyond 30 days, are time barred. Consequently, the award was made rule of the Court along with interest at the rate of 10% per annum. The petitioners' appeal against the above-stated order has also failed. Aggrieved, the petitioners preferred this revision petition which was, however, dismissed by this Court vide an order dated October 22, 2002. The petitioners thereafter filed a Special Leave Petition which having been granted, their Lordships of the Hon'ble Supreme Court accepted the petitioners' Civil Appeal No.681 of 2006 vide judgment dated January 20, 2006 and have remanded the case to this Court for a fresh decision in C.R. No.3902 of 2002 -3- accordance with law “after taking note of the order dated 3.4.1997 passed by the trial Court.” The respondent though had put in appearance before this Court through his counsel, however, no one has appeared on his behalf on the last 5-6 dates. The only issue which requires consideration by this Court is as to whether the objections filed by the petitioners against the award were within limitation. As acknowledged by the learned Civil Court itself vide its order dated 3.4.1997 reproduced above, the objections were actually filed by the petitioners on 16.10.1996 i.e. within a period of one month from the date of placing of the original award on the record of the Civil Court on 1.10.1996 and the same were, thus, filed well within limitation. The objections, therefore, ought to have been decided by the learned Civil Court on merits. Consequently and for the reasons aforestated, this revision petition is allowed; the impugned orders dated 30.1.1999 and 28.2.2002 are set aside and the matter is remitted to the learned Civil Court to decide the objections filed by the petitioners afresh in accordance with law and after notice to the respondent. Since the matter pertains to an award passed way-back in the year 1995, the learned Civil Court shall make an endeavour to conclude the proceedings as early as possible and preferably within four months. The parties are directed to appear before the learned Civil Court on 20.3.2008. February 20, 2008 ( SURYA KANT ) poonam JUDGE