KANTHAMMA CHANDRASHEKAR Vs. ROHAN HOUSING PRIVATE LIMITED

JUDGEMENT

(1.) The writ petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.

(2.) In these petitions under Article 227 of the Constitution of India, the petitioners have assailed the validity of the order dated 25.09.2018 passed by Trial Court, by which application for amendment filed by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act' for short) has been rejected.

(3.) Facts giving rise to filing of these petitions briefly stated are that late H.Ramaiah Reddy, father of the petitioners had entered into a Joint Development Agreement with respondent No.1 on 25.08.2004 as well as on 01.11.2004. Thereafter, on 18.03.2006, aforementioned agreement was cancelled and two Joint Development Agreements were entered with respondent No.1. Under the aforesaid agreement, the respondent No.1 had to develop the schedule properties into multi storied apartment complex. However, it is the case of the petitioners that respondent No.1 failed to meet the obligations under the agreement. The dispute arose between the parties, which was referred to the arbitral tribunal as per terms and conditions of the agreement. The arbitral tribunal passed an award on 10.02.2015. Being aggrieved, the petitioners filed a petition under Section 34 of the Act. Thereafter, the petitioners filed an application seeking amendment of the petition filed by them under Section 34 of the Act. However, the aforesaid application was rejected by the Trial Court vide impugned order inter alia on the ground that the same has been filed beyond a period of 90 days and is barred by limitation. In the aforesaid factual background, the petitioners have approached this Court.