KARNATAKA SLUM CLEARANCE BOARD Vs. H T ANNAJI

JUDGEMENT

(1.) THE petitioner in the above c. R. P. had challenged the order dt. 31-3-2003 in Arbitration Case No. 1/2001. The arbitration case was dismissed on the ground of delay.

(2.) BEFORE proceeding further, I feel it appropriate to narrate in brief, few facts of the case relevant to decide this C. R. P. which are as here under : (i) That the petitioner had filed Arbitration case in A. C. 33/1998 on 3-11-1998 under S. 34 of Arbitration and Conciliation act, 1996. to set aside the award dated 31-8-1989 passed by the Arbitrator before the city Civil Court, Bangalore (henceforth for convenience referred to as 'bangalore Court)to challenge the award passed by the Arbitrator in respect of certain dispute between the parties that arose in the matter of construction of 320 apartments in R. S. Nos. 210, 211 and 219 of Hunasikere in Hassan district and the construction in question was for the benefit of the slum dwellers. The arbitrator was the Chairman of the Housing Board, Bangalore the petitioner herein. The Bangalore Court has rejected the Arbitration case on the point of jurisdiction; however, the Bangalore Court had ordered for return of the case papers in the Arbitration case in question to present the same by the petitioner before proper Court. (ii) That the petitioner had in the earlier round filed an Arbitration case in C. A. No. 1/1992 against the very respondent before the Court of Civil Judge {sr. Dn.), Hassan (for convenience, henceforth referred to as 'hassan Court') also, in respect of dispute that arose between the parties. It is pertinent to add in this context that the said dispute arose also with regard to the very same construction of apartments by the respondent. While filing the said Arbitration case before the Hassan Court, the petitioner had contended that the Hassan Court had jurisdiction to decide the same. (iii) That the petitioner herein, later had collected the case papers in A. C. No. 33 /1998 from the Bangalore Court at 5. 00 p. m. on 6-12-2001 and represented the same on 7-12-2001 before Hassan Court. (iv) That the impugned order now under challenge in this C. R. P. was passed by hassan Court upon hearing both the contending parties subsequent to representation of the case papers in A. C. No. 33/1998 as stated above of the said Arbitration case, the same was renumbered as A. C. No. 1/ 2001 by the Hassan Court and upon hearing both the contending parties, the Hassan court had passed the impugned order, in passing whereof, the Hassan Court had held firstly that there was a delay of 1012 days in filing the Arbitration case in question and secondly and more importantly that there was no bona fide prosecution of the case by the petitioner before the Bangalore Court. On the said twin grounds, the Hassan Court dismissed I. A. No. 1 for condonation of the delay of the petitioner; consequently, the hassan Court dismissed the very Arbitration Case No. 1/2001 of the petitioner.

(3.) HAVING been aggrieved by the said order passed by the Hassan Court, the petitioner herein challenged the same in the instant C. R. P.