GARHWAL MANDAL VIKAS NIGAM Vs. KRISHNA TRAVEL AGENCY

JUDGEMENT

(1.) These applications have been filed by the respondent applicant, namely, M/s Krishna Travel Agency in a matter disposed of by this Court on 17.12.2004 for the following directions:

(2.) In order to dispose of these IAs Nos. 1 and 2, it may be relevant to refer to a few facts. A dispute arose between the applicant and the Garhwal Mandal Vikas Nigam Ltd. with regard to conducting tours and certain payments being not made. Therefore, the matter was taken by M/s Krishna Travel Agency, the respondent applicant before a competent court. Ultimately, the matter reached this Court and this Court by the order dated 17.12.2004 appointed Shri V.A. Mohta, Senior Advocate, as arbitrator in the special leave petition with the consent of both the parties. Shri Mohta gave the award on 27.10.2005. That award was filed before the District Judge, Dehradun and an application u/s. 34 of the Arbitration and Conciliation Act, 1996 was filed for setting aside that award. The matter is pending before the District Judge, Dehradun and during its pendency, these applications have been filed by M/s Krishna Travel Agency for certain directions in which the aforesaid prayers are made.

(3.) We have heard the learned counsel for the parties and perused the record. Learned counsel for the applicant M/s Krishna Travel Agency submits that the award should have been filed before this Court, as appointment of the was made by this Court. Therefore, this Court has jurisdiction to entertain the award and not the District Judge, Dehradun. And secondly, learned counsel submitted that in case, the first prayer is not acceded to, then an appropriate direction may be given to the District Judge, Dehradun to dispose of the proceeding including the objections filed by the applicant u/s. 34, expeditiously.