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1977 DIGILAW 502 (MP)

K. K. Gupta v. Bahoranlal Gupta

1977-11-07

M.L.MALIK, S.S.SHARMA

body1977
Short Note : 1. On 15-12-1971, the arbitrator Bahoranlal filed the award on 22-1-1972, the appellant filed his objections purporting to be under sections 30 and 32 of the Arbitration Act. The learned Additional District Judge rejected the objections on the ground of limitation. The learned counsel for the appellant contended that Article 119 (b) of the Limitation Act would not apply to a case where the validity of the award was challenged on the ground that there was no arbitration agreement subsisting or on the ground that no valid reference was made. Held : From the questions raised, it is evident that the trial Court has not considered the objections in their proper perspective. The question of limitation would depend on whether the award was a nullity or an award validly obtained. This Court sets aside the order of the learned Additional District Judge dated the 5th July 1974, and direct him to answer the questions raised and then decide the question of limitation. Case sent back for a fresh decision. Prem Sagar v. Security and Finance Ltd. AIR 1968 SC 21, referred to. Appeal allowed.