A. PRABHAKAR REDDY Vs. EXECUTIVE ENGINEER ID

JUDGEMENT

(1.) THE appellant is challenging the legality and correctness of the ex -parte judgment passed by the Prl. District Judge, Gulbarga in Arbitration Case No. 1/06 dated 24.8.2006. The facts leading to this case are as hereunder:

(2.) LEARNED Counsel for the appellant contends that since there is no period of limitation prescribed under Section 37 of the Act, the appeal filed under Section 37 before the learned District Judge was maintainable. He further contends that even if the Court was of the opinion that there is delay and laches in not approaching the Court within a reasonable time, the application filed by the appellant explaining the delay and laches could have been considered by the learned District Judge properly.

(3.) IN view of the rival contentions, we have to consider whether a second appeal is maintainable under Section 37 of the Arbitration and Conciliation Act, 1996 before this Court?