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FA/526/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 526 of 2010
With
CIVIL
APPLICATION No. 2350 of 2010
In
FIRST
APPEAL No. 526 of 2010
With
FIRST
APPEAL No. 527 of 2010
With
CIVIL
APPLICATION No. 2351 of 2010
In
FIRST
APPEAL No. 527 of 2010
=========================================
AHMEDABAD
MUNICIPAL CORPORATION
Versus
MODERN
CONSTRUCTION CO.PVT.LTD
=========================================Appearance
:
MR MAULIN RAVAL
for M/S RJ RAWAL ASSOC. for
the appellant
MR GT DAYANI for the Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 04/03/2010
COMMON
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
Heard
the learned counsel for the appellant.
These
appeals arise out of a case where the award was made on 31.7.1996,
which was produced before the Court for making the award, rule of the
Court. After hearing both the parties, the Court by order dated
23/21.7.2008 made award as the rule of the Court.
Certain
objections were filed by the appellant before the same order came to
be made. The Court considered the said objections and the aforesaid
order was passed.
Thereafter,
an application was moved, i.e. Exh.22 in the said proceedings for
modification and on that application, further order was passed by
the Court on 14.8.2008.
An
application was again moved for modification of the order which was
passed after hearing the present appellant for modification which is
dated 4.3.2009. Along with this application, an application was also
moved with a prayer to condone the delay in preferring the
application questioning the award.
The
Court below has observed that the appellant has not been able to
substantiate the grounds for condonation of delay. According to the
Court, rule of the Court was served on the appellant on 17.8.2006
and in the previous proceedings, the appellant made appearance on
30.8.2006. The Court has also observed that in terms of Article 119
of the Limitation Act, the arbitration award under the Arbitration
Act, 1940 can be questioned within 30 days from the date of service
of the notice by rule of the Court. The limitation started running
against the appellant with effect from 17.8.2006. As the present
appellant, as stated above, also appeared on 30.8.2006 and filed the
objections subsequently, it is more than clear that the appellant
was aware of the award having been passed against it.
In
the aforesaid circumstances, when the application was made belatedly
and condonation of delay was prayed for, the Court was not persuaded
that such delay is liable to be condoned. In our considered
opinion, rightly so because, no case for condonation of delay has
been made out as the Court has observed that once the award has
already been made rule of the Court, it cannot be questioned under
Section 30 and the aggrieved person is left with other remedy which
may be available to him.
In
the above view of the matter, there is no force in the appeals. The
same are dismissed.
In
view of the dismissal of the main appeals, Civil Applications do not
survive and are accordingly disposed of.
(BHAGWATI
PRASAD, J.)
(J.C.UPADHYAYA,
J.)
omkar
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