TMI Blog1998 (10) TMI 545X X X X Extracts X X X X X X X X Extracts X X X X ..... 996. The petitioner filed objections against the said award (vide I.A. No. 11143/96) under Sections 30 33 of the Arbitration Act. The respondent did not prefer any objections against the said award despite service of notice on them. However, they filed a reply to the objections preferred by the petitioner. 3. It has been urged for and on behalf of the objector that there is an error apparent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. Learned counsel for the respondent while countervailing the said argument has contended that the arbitrator has neither mis-conducted himself nor the proceedings. There is no error apparent on the face of the award. Both the parties are bound by the terms of the contract. According to clause 25 of the agreement the invocation for arbitration has to be within 90 days from the date of intimatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of final bill but also from the date of release of the amount withheld therein. Hence the claims of the claimant were held to be barred by time. 6. Since we are concerned with the construction of C1.25 of two agreement, the same can be adverted to with profit. It is in the following words:- It is also a term of the contract that if the contractor(s) does (do) not make demand of arbitration ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (b) has been incorporated therein. Section 28 of the Contract Act deals with agreements in restraint of legal proceedings, void. It envisages as under :- Every agreement,- (a) by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10. A perusal of the impugned award reveals that the claims of the petitioner herein were defeated simply on the ground that the invocation of the arbitration clause was barred by time. Consequently the arbitrator did not decide the claims on merit. 11. In the circumstances stated above the petitioner are entitled to succeed. The objections are hereby allowed. The award dated January 7, 1994 i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
