Limitation for filing arbitral award bars belated attempt by arbitrator to obtain decree on the award.

Under Section 14(2) of the Arbitration Act, 1940, the arbitrator's duty to file an award arises only at a party's request or on the court's direction; the Act does not permit a suo motu filing by the arbitrator to obtain a decree on the award. An application to file the award is subject to the limitation scheme in Article 119 of the Limitation Act, 1963, and a delayed attempt may also be barred under Article 137. A belated move to secure relief through the arbitrator after expiry of the statutory period is treated as an indirect circumvention of law and is not maintainable.

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Issues: Whether an arbitrator could, after a lapse of nearly six years from making the award, file the award in court and seek a decree in terms of the award, when no party had taken timely steps to have the award filed or made a rule of the court.

Analysis: Under Section 14(2) of the Arbitration Act, 1940, the arbitrator's duty to file the award arises at the request of a party or on the direction of the court; the Act does not contemplate a suo motu application by the arbitrator for filing the award and obtaining a decree in terms of it. An application to file the award is governed by the limitation scheme in Article 119 of the Limitation Act, 1963, and even otherwise a belated application would be barred under Article 137. The attempt to secure relief through the arbitrator after the statutory period had expired was treated as an indirect effort to do what could not be done directly, and the court was held not to assist such circumvention of law.

Conclusion: The belated application to file the award and obtain a decree in terms of it was not maintainable, and the order making the award a rule of the court could not stand.

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