IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 5878 of 2010(O&M) Date of Decision: February 9, 2011. Satwinder Singh Randhawa. ...... PETITIONER(s) Versus Haryana State Agriculture Marketing Board, Kurukshetra and others. ...... RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. V.K.Jindal, Advocate for the petitioner. Mr. Aashish Phull, Advocate for the respondents. ***** RAM CHAND GUPTA, J.(Oral) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside judgment and decree dated 09.06.2010 passed by learned Additional District Judge, Kurukshetra and judgment and decree dated 01.09.2008 passed by learned Civil Judge (Junior Division), Kurukshetra vide which award announced by Arbitrator was made rule of the court. CR No.5878 of 2010 I have heard learned counsel for the parties and have gone through the whole record including the impugned orders passed by both the courts below. Only contention raised by learned counsel for the petitioner is that, the award was not announced by the Arbitrator within extended period of four months as per order of the Court and hence, the same is non-existent in the eyes of law and the courts below could not make the award rule of the court. On the other hand, it has been contended by learned counsel for the respondents that the award was announced within four months by the Arbitrator as per order of the court and that hence, it cannot be said that the impugned orders passed by learned courts below, are in any way illegal. Admitted facts are that, initially award was not announced within stipulated period of four months by the Arbitrator after entering upon the reference and hence, respondent i.e. Haryana State Agricultural Marketing Board approached learned trial Court for extension of time for making award under Section 28 of the Arbitration Act, 1940. The said application was allowed by learned Civil Judge(Junior Division), Kurukshetra vide order dated 07.03.202003, by observing as under:- “4. Heard. Case file perused carefully. In view of the facts and circumstances of the present case, this court is of the considered view that there is sufficient material to allow the present application and accordingly, the same is hereby allowed. The petitioner is given four months time for making the award, from the date of receipt of this order. File be completed and consigned to record room after due compliance.” 2 CR No.5878 of 2010 A very perusal of the aforementioned order shows that the Arbitrator was given four months’ time for making the award from the date of receipt of the order. It has been mentioned by learned Civil Judge(Senior Division), Kurukshetra in the impugned order dated 01.09.2008 that on 05.05.2003 memo No.2218 was given by Executive Engineer to Arbitrator as was clear from arbitration file and the award was announced on 27.08.2003 and that hence, the Artbitrator has announced the award within time. At the time of arguments, learned counsel for the respondents has also shown to this Court letter No.2218 dated 05.05.2003 issued by Executive Engineer, Haryana State Agricultural Marketing Board, Kurukshetra to the Arbitrator vide which copy of order was sent. He has also shown to this Court letter No.1868 dated 12.05.2003 issued by Arbitrator to both the parties including the present petitioner, for appearing before him on 05.06.2003 and later on the case was fixed for 03.07.2003, 14.07.2003 and 24.07.2003. However, none appeared for the petitioner. The impugned award was announced on 27.08.2003. In view of these facts, it can be said that the award was announced by the Arbitrator within four months as per order of the Court. Hence, in view of the aforementioned facts, it cannot be said that any illegality or material irregularity has been committed by courts below, warranting interference by this Court in its revisional jurisdiction. There is no merit in the present revision petition. The same is, hereby, dismissed. ( RAM CHAND GUPTA ) February 9, 2011. JUDGE 3 CR No.5878 of 2010 'om' 4