Ishwar Singh vs Unknown
2021 Latest Caselaw 3917 HP

      IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.




                                                                      .
                   ON THE 13th DAY OF AUGUST, 2021





                                     BEFORE
            HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
           ORIGINAL MISC. PETITION(MAIN) No.18 of 2020





Between:-


 ISHWAR SINGH





 S/O SH. PRAHLAD, AGE 70 YEARS,
 R/O VILLAGE AMARSINGHPURA,
 PARGANA AND TEHSIL GHUMARWIN,
 DISTRICT BILASPUR HIMACHAL
 PRADESH
                         r                                          ....PETITIONER

(BY SH. SANKET SANKHYAN, ADVOCATE)

AND
1. THE PROJECT DIRECTOR N.H.A.I. PIU


   SHIMLA, KAMNA VIEW BHAWAN,
   PHASE-III, NEW SHIMLA H.P.

 2. THE COMPETENT AUTHORITY,




    NATIONAL HIGHWAY AUTHORITY
    OF INDIA, BILASPUR-CUM-ASSISTANT





    COMMISSIONER TO DEPUTY
    COMMISSIONER, BILASPUR H.P.
                                                               ...RESPONDENTS





(SH. K.D. SHREEDHAR, SR. ADVOCATE WITH MS.SHREYA
CHAUHAN , ADVOCATE FOR R-1)

(SH. RAJU RAM RAHI, DEPUTY ADVOCATE GENERAL, FOR R-2)

Whether approved for reporting?

This Appeal coming on for orders this day, the Court passed the following:




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                          JUDGMENT

.

This petition has been filed, under Section 34 of the

Arbitration and Conciliation Act 1996 (hereinafter in short 'the

Act') against the award dated 22.5.2019, passed by Divisional

Commissioner exercising the powers of Arbitrator under National

Highway Act, 1956, in case No. 82/14, titled as Lal Singh vs.

Union of India and others. Along with petition, instead of signed

copy supplied by Arbitrator and received by petitioner, certified

copy received from Copying Agency has been filed.

2. Objections under Section 34 of the Act must be

accompanied with award duly signed, in original, by Arbitrator

and supplied by Arbitrator and received by concerned party and

limitation to file such objections starts from the date of receiving

of such signed copy of award by the party concerned. This issue

is no longer res-integra, as it stands settled by the Supreme

Court in its pronouncements Union of India vs. Tecco Trichy

Engineers and Contractors, reported in (2005) 4 SCC 239;

State of Maharastra and others vs. M/s Ark Builders

Private Limited reported in (2011)4 SCC 616 and Benarsi

Krishna Committee & others vs. Karamyogi Shelters Pvt.

Ltd. reported in (2012)9 SCC 496, wherein, considering the

provisions of Sections 31 and 34 of the Act, it has been held that

an application for setting aside the arbitral award must be

accompanied by a copy thereof duly signed by Arbitrator in

original and delivered to the party and limitation prescribed

.

under Section 34(c) of the Act would commence only from the

date when a signed copy of award is delivered to the party

making the application for setting it aside and copy must be

supplied by Arbitrator and limitation shall start from the date of

delivery of such copy, by Arbitrator/members of the arbitral

tribunal but none-else, to the party assailing the award.

3. Learned counsel for the petitioner has submitted that

copy, as required under law, has not been supplied particularly to

the petitioner with direction to obtain copy of award from

concerned Copying Agency and therefore present petition has

been filed along with certified copy of award obtained from the

Copying Agency.

4. To verify the facts, learned Additional Advocate

General was directed to have instructions from the office of

Divisional Commissioner. In response thereto, learned Additional

Advocate General has submitted that on verification of fact from

the office of Divisional Commissioner, Mandi, it has transpired

that though photocopy of award was supplied to the

counsel/parties through their authorized representative at the

time of announcement of award, however, duly signed copy was

not supplied to parties under the impression that parties have to

obtain certified copy of the award from the Copying Agency. He

further submits that now the concerned officer and officials have

been advised to supply the signed copy of award in accordance

.

with law to parties, which is likely to be supplied within two

weeks from today as record is lying at Mandi and the officer who

had acted as an Arbitrator has been transferred.

5. Present petition has been filed as per advice of

Arbitrator and officials of the office of Divisional Commissioner. As

copy, as required to be supplied under law, has not been supplied

till date, therefore the petition is premature and accordingly

disposed of with liberty to petitioner to file afresh after receiving

copy of award duly signed by the Arbitrator as undertaken by

learned Additional Advocate General.

6. The Chief Secretary to the Government of Himachal

Pradesh is directed to issue circular/instructions to all Officers,

who are performing or have to perform function of Arbitrator, to

ensure supply of copy of award to each party, duly signed in

original, immediately, at the time of pronouncing the award, as

required under Sections 31 and 34 of the Act.

Petition is disposed of in aforesaid terms.

August 13,2021                            (Vivek Singh Thakur)
(ms)                                             Judge