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Bhagwan Das & Ors vs State Of.U.P. & Ors on 26 February, 2010

17. In any case, it does not come on record that in any of the the communications copy of the award or even the basic details of the award were communicated or sought to be communicated. As observed by the Supreme ? Court in case of Bhagwan Das (supra), the claimant needs to establish that he did not have knowledge of the contents of the award. Thus, not the knowledge of the award but knowledge of the contents of the award is of significance. Under the circumstances, assertion of the petitioners that they neither had actual nor constructive notice of the award and that therefore their applications for reference were not hit by limitation prescribed under Section 18 of the Act must be accepted. After the petitioners established the primary facts, the respondents failed to establish that either notices were duly served with contents of the award or that the Page 11 of 12 HC-NIC Page 11 of 12 Created On Wed Mar 30 00:52:51 IST 2016 C/SCA/20071/2015 ORDER claimants had constructive notice of the awards.
Supreme Court of India Cites 30 - Cited by 122 - R V Raveendran - Full Document
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