Law:

Section:

Arbitration Act (X of 1940)--- --------Sections 30, 33 & Preamble--------Bar to suits contesting arbitration agreement or award---Effect of legal proceedings on arbitration---Arbitration proceedings--- Limitation--- Objection as to limitation/ maintainability not raised before Arbitrator---Effect---Powers of Arbitrator---Scope---'Misconduct' on part of Arbitrator---Scope---Notice of arbitration award not given to all parties by Arbitrator---Effect---Powers of civil court while hearing objections to award---Scope---Respondent/National Highway Authority (NHA) awarded contract to the respondent-Company for construction of a project, however, later on, the Company also claimed compensation for the work not included in the original contract, which was declined by the Authority---Arbitrator allowed the claim of the Company and passed an award for payment of certain amount to the Company, and the civil court, after entertaining objection from the Authority made said award a rule of court---Validity---Civil court hearing objections to the award under Ss.30 & 33 of Arbitration Act, 1940, not being court of appeal, was not to appraise the entire case, but the court had to confine itself to the grounds mentioned in Ss.30 & 33 of the Act---Contention that the Arbitrator had not given any finding on the question of limitation was not factually correct as the parties had agreed to resolve the dispute through arbitration and by mutual consent had appointed the respondent as sole Arbitrator; therefore, all previous discussions/ meetings had come to an end---Respondent had not raised the question of limitation in its reply before the Arbitrator and raised the same for the first time in the supplementary affidavit in evidence---Question of limitation, even if the same was not properly appreciated by the court or the authority which passed an order, did not render the decree or an award a nullity---Objection as to limitation should have been taken before the Arbitrator in clear terms---Award could not be considered to be a nullity in the eye of law, even if the claim was barred by time---Respondent had not raised the issue of maintainability of arbitration in its…

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