Case: Union Of India  Vs. M/S Neelam Engineering &amp; Contruction Co

about the filing of the Award. This Court went on to say that notice did not necessarily contemplate communication in writing. The expression "give notice" in Sub-Section (2) of Section 14 of the 1940 Act simply means giving intimation of the filing of the Award. Such intimation need not be given in writing and could be communicated orally and that the same would amount to service of notice when no particular mode of service was prescribed. 13. Mr. Mahabir Singh also referred to the decision of this Court in Secretary to Government of Karnataka & Anr. vs. V. Harishbabu [(1996) 5 SCC 400] , wherein also it was emphasized that in the absence of any formal mode of service, notice need not be in writing and may also be given orally. What was essential was that notice or intimation or a communication of filing of the Award would have to be issued by the Court to the parties and served upon them. It was also held that the period of limitation for filing objections seeking the setting aside of an arbitration Award commenced from the date of service of notice issued by the Court upon the parties regarding the fling of the Award under Section 14(2) of the Act. The issuance of such notice by the Court is a mandatory requirement and limitation would begin only after notice of the filing of the Award is given by the Court. 14. Mr. Mahabir Singh, learned counsel, referred to a decision of the Bombay High Court in Ratanji Virpal & Co. vs. Dhirajlal Manilal [AIR 1942 Bom. 101 ], where a similar question had fallen for consideration of the learned Judge. While considering the provisions of Sections 14 and 31 of the Arbitration Act, 1940, the Court held that till an Award was filed in Court, no application could be filed for setting aside the same. While holding as above, the High Court took into consideration the amendment in Schedule I of the Limitation Act, 1908, where Article 158 was substituted with a new Article which provided that under the 1940 Act, to set aside an Award or to get an Award remitted for reconsideration, the period of limitation is 30 days from the date of service of notice of filing of the Award. The Bombay High Court held that in amending the Limitation Act, the legislature contemplated that an application for setting aside the Award could only be made after the date of service of notice of filing of the Award and, therefore, the limitation of 30 days is fixed after that particular date. The Court ultimately held that it was not competent for a party to the arbitration Award to file a petition for setting aside the Award till the Award had been filed. Mr. Singh submitted that having regard to the views expressed in the aforesaid judgment and having particular regard to the provisions of Article 119 of the Limitation Act, 1963, where limitation for making an application under the 1940 Act for setting aside an Award has been fixed as 30 days from the date of service of notice of the filing of the Award, the question of filing an objection under Sections 30 and 33 of the said Act prior to the filing of the Award, did not arise. Mr. Singh submitted that the appeal was without merit and was liable to be dismissed. 15. We have carefully considered the submissions made on behalf of the Appellants and though they appear to be attractive, we are unable to accept the same. 16. In view of Section 19 of the Limitation Act, 1963, the period of limitation for filing an application commences only after the date of service of the notice of the making of the Award. The raison detre for filing objection under Sections 30 and 33 of the Arbitration Act, 1940, is the Award which has to be filed in Court either by the Arbitrator or at the instance of any of the parties requiring the Arbitrator to do so. Even the Court may direct the Arbitrator to file his Award on the application made by any of the parties thereto. Filing an objection against something which did not exist on the date when the objection was filed is unacceptable and must be rejected. All the decisions cited by Mr. Mahabir Singh take a similar view. The objections filed under Sections 30 and 33 of the Arbitration Act, 1940, by the Appellants herein, therefore, have been rightly held to be pre-mature and could not be treated to be an objection filed after the filing of the Award. While the original Award was filed in Court on 27th May, 1998, the objections filed under Sections 30 and 33 of the Arbitration Act, 1940, for setting aside the Award was filed on 3rd January, 1998. There was, therefore, no occasion for such an objection to be filed in terms of Article 119 of the Limitation Act, 1963. 17. The objection filed by the Appellant under Sections 30 and 33 of the Arbitration Act, 1940, for setting aside the Award on 3rd January, 1998, was obviously on account of the fact that the Respondent had filed a petition in the Civil Court on 27th February, 1996, for making the Award a Rule of Court. At the time when the objection was filed, it was noted on 18th February, 1998, that the Award had not been received in Court and notice was issued to the Arbitrator to file the original Award in pursuance whereof the original Award was filed in Court on 27th May, 1998. 18. It is unfortunate that although the Appellants filed their objection under Sections 30 and 33 of the Arbitration Act, 1940, the same was done prematurely even before the filing of the Award and such objection could not be treated as a valid objection under Sections 30 and 33 of the Act in view of the provisions of Article 119 of the Limitation Act, 1963.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]18. It is unfortunate that although the Appellants filed their objection under Sections 30 and 33 of the Arbitration Act, 1940, the same was done prematurely even before the filing of the Award and such objection could not be treated as a valid objection under Sections 30 and 33 of the Act in view of the provisions of Article 119 of the Limitation Act, 1963