SHADANI BUILDERS Vs. BEGRAJ AGRAWAL

JUDGEMENT

(1.) This is an appeal filed by the applicant /plaintiff under section 37 (1) (b) of the Arbitration and Conciliation Act 1996 (for short hereinafter for brevity called - "the Act") against the order dated 13.05.2010 passed by District Judge Raipur in Civil (Arbitration) Case No.32A/2009.

(2.) By impugned order, the learned District Judge dismissed the appellant's application made under Section 34 of the Act essentially on the ground of it being not maintainable by virtue of bar of res judicata contained in Section 11 of C.P.Code.

(3.) So the question that arises for consideration in this appeal is whether learned District Judge was justified in dismissing the application of the appellant made under Section 34 of the Act and if not then what orders are called for in the facts of this case.