set-aside exparte award

J.Satyamurthy (Querist) 21 September 2008 This query is : Resolved
Sir, Can we file petition u/o 9 R 13 CPC to set-aside ex-parte award witin 30 days of its pulication,and also if the delay is more than 30 days can we present the same along with sec 5 of limitation Act.before the same court.Please any body help me

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J.Satyamurthy (Querist) 21 September 2008
Plz any body help me

Srinivas.B.S.S.T (Expert) 22 September 2008
If you are talking about a decree then you are correct.

J K Agrawal (Expert) 22 September 2008
yes

G. ARAVINTHAN (Expert) 22 September 2008
Yes. Order IX Rule 13 is to Set aside the Exparte decree only

Very well can file a petition to condone the delay under Section 5 of the Limitation Act, when the petition is filed after 30 days of the exparte decree

ARVIND JAIN (Expert) 22 September 2008
EXPLAING EACH DAY DELAY IN APPLICATION FOR CONDONATION.

H. S. Thukral (Expert) 22 September 2008
In my opinion Mr. Satyamurthy is asking in connection with an award pronounced by an industrial court.
An award under the Industrial Dispute Act becomes enforceable after 30 days of its publication and before 30 days of publication an ex-parte award can be set aside by making an application before the Industrial Court. After 30 days of publication the court becomes functus officio and award can not be set aside. In that case you have to move before HC

SANJAY DIXIT (Expert) 22 September 2008
Rightly said by Mr Harbhajan.

[M/s. Sangham Tape Co. v. Hans Raj, 2004, LLR 1098 (SC)]

J.Satyamurthy (Querist) 22 September 2008
Respected sir,can any body send me the juddgement reported in 2004 LLR 1098[SC]M/s Sangan Tape Co,Vs Hans Raj-Thanks in advance