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Supreme Court Of India

(From : Madras)*

Hon'ble Judge(s): R. C. Lahoti, G. P. Mathur, P. P. Naolekar , JJJ

(A) Arbitration and Conciliation Act (26 of 1996) , S.2(h), S.34(3)— Words "party" and "party making the application" - Meaning - Award passed against Railways - Word "party" has to be construed to be person directly connected with and involved in proceedings and who is in control of proceedings before arbitrator. (Para 7) (B) Arbitration and Conciliation Act (26 of 1996) , S.34(3), S.31(5)— Application for setting aside award - Limitation - Award against Railways - Chief Engineer had represented Union of India in arbitral proceedings - Subject-matter of arbitration also related to department of Chief Engineer and he had direct knowledge of arbitral proceedings and question involved before arbitrator - Service of arbitral award on General Manager - Cannot be taken as sufficient notice so as to activate the Department - Service of notice on Chief Engineer would be starting point of limitation to challenge award in Court. O. S. A.No. 195 of 2002, D/- 19-6-2002 (Madras), Reversed. (Para 10) (C) Arbitration and Conciliation Act (26 of 1996) , S.34(3)— Application for setting aside award - Award against Railways - Delay of 27 days in filing application - Delay condoned i....