CONSOLIDATED ENGINEERING ENTERPRISES REPD. BY ITS PARTNER SRI. N.A. MOHAMMED Vs. THE PRINCIPAL SECRETARY TO GOVERNMENT IRRIGATION DEPARTMENT (MINOR IRRIGATION), THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION AND SRI. B.M. RAMA PRASAD CHIEF ENG

JUDGEMENT

(1.) THE Petitioner is before this Court assailing the order dated 29.6.2011 insofar as it relates to I.A. No. 6 in Arbitration Suit No. 1/2007. The said order is impugned at Annexure -F to the petition.

(2.) HEARD Sri S.K.V. Chalapathy, learned Senior Counsel appearing for M/s. Hegde Associates for the Petitioner and Sri M.S. Bhagwat, learned Counsel, who has entered caveat on behalf of the Respondents No. 1 and 2 and perused the petition papers.

(3.) THE learned Senior Counsel while assailing the order passed by the Court below would contend that the Court below was not justified in allowing the application at a. belated stage, It is contended that the proceedings have been pending from the year 1999, though the instant petition is renumbered as A.S. No. 1/2007. It is his further contention that, in a proceeding under Section 34 of the Act, there was No. need for tendering evidence and in any event, the Respondents have not put forth the reason why the case has to be reopened and therefore the said application ought not to have been allowed.