Reference: 2017 (2) LNJ (AD) 92

Facts of the case:

The Plaintiff Nurul Abser demand that the suit properly was in his possession. This
kind of possession was created by temporary tenant contract with Alhaj Abul Khair,
he was an ancestor of defendant No: 1-7 and in that connection, In 1995 April- 14 a
tenancy agreement was executed. On March 15, 2002, an arbitration agreement was
held between the plaintiff and the defendant, and Alhaj Dostagit Chowdhury was
appointed as an arbitrator, to resolve the dispute between the Parties regarding the suit
property. March 2, 2002 Alhaj Dostagit Chowdhury settled the issue and gave a award
and copy of award was duly served to all concerned Parties. Thereafter, No step was
taken by the plaintiff within the time frame of 60 days as state in Section 42 Of
Arbitration Act 2001.When the defendant move to court for execution of the award
the plaintiff contested the validity of the arbitration agreement and award. However,
the learned Assistant Judge rejected the application. Again a civil revision was
initiated which was rejected-by District Judge, and the District Judge also state that If
any relief or remedy need against arbitral award it has to be held within the time
mentioned in provision 2001 Act section-42 Of Arbitration.

The plaintiff being aggrieved by the order Of District Judge, he/ she move to High
Court Division and filed an appeal. The appeal was dismissed by the High Court
Division; thereafter a petition for leave to appeal was filed in the Appellate Division
of the Supreme Court of Bangladesh.

JUDGMENT

The petition the plaintiff was dismissed by Appellate Division, For this reason that
High Court Division dismissed the appeal without any error of Law. According to
section 42(1) within 60 days from receipt of award challenge can be done a domestic
arbitral award. And In section 43 state that the Ground of setting a aside an arbitral
award. In this context, Section which confirms that an award made by arbitral tribunal
in an arbitration agreement will be final and only be challenge in accordance with this
Act. So, combination Of Subject 42,43 and 39 sections shows that, an application to
set aside an award has to be made within the 60 Days After the 60 days award become
enforceable according to section 40.

FINDINGS–

As in this case, the petitioner fail to challenge the award within said time or 60 Days
Of time, the award has become final and enforceable the claim of the petitioner side
that he did not receive any arbitral award was also rejected as prima facia evidence
that a copy of the award was duly served upon both the plaintiff and defendant.