The award was made rule of the Court on the same day.
The said application was accompanied by affidavit of Bijon Kumar Ghosal, Executive Engineer, Farakka Barrage Project.
The matter was placed before the Court on 28.4.1997 and on that day the Court rejected the oral prayer of the learned companynsel for the appellants that since objection application under Sections 30 and 33 of the Act was under preparation, time to file such application be granted.
In the said application, grounds for setting aside the award and for companydoning delay in filing application were mentioned.
Notice for filing objections was received by the appellants on 21.03.1997.
It was also stated that appellants companynsel started preparing the draft on 22nd April which was finalised on 29th and was thereafter engrossed, stamped and was made ready on 2nd May.
It was tendered before the Court on 5th May.
Being aggrieved, the appellant moved the Division Bench by filing an appeal.
Thereafter, another application under Section 33 of the Act raising objections against the award was also filed on 16.5.1997.
The learned Judge by order dated 25.9.1998 dismissed the said application.
On 5.5.1997, appellants filed an application for setting aside the ex parte decree and also submitted that application under Section 30 was ready.
On 18th, 19th and 20th April, the Court was closed being holiday, Saturday and Sunday respectively.
That judgment and order is under challenge in this appeal.
Time of 30 days for filing the objections expired on 20.4.1997, which was a Sunday and, therefore, the date stood extended to 21.4.1997.
Thereafter on 5th May, an application for setting aside the award and for companydoning the delay for filing objections was filed by Advocate S. Bhattacharya.
Shah, J. Leave granted.
The Arbitrator passed an award on dated 28.12.1996 against the appellants herein which was filed before the High Court on 6.3.1997.
For companydonation of delay, it was pointed out that Executive Engineer approached the advocate on 17th April and gave him instructions for drafting the application.
