SOUTH EASTERN COALFIELDS LTD Vs. B S AGRAWAL

JUDGEMENT

(1.) Invoking the jurisdiction of this Court under Section 37 of the Arbitration and Conciliation Act, 1996 (henceforth 'the Act 1996') M/s. South Eastern Coalfields Limited (SECL) has filed the instant appeal questioning the order dated 13-12-2010, whereby and whereunder learned District Judge, in exercise of her jurisdiction under Section 34 of the Act, 1996, has set aside the award dated 1-12-2005 and thereby remanded the matter to the Arbitrator to arbitrate the dispute and pass an award on merits in accordance with law. Facts of the case, in brief, are as under:

(2.) Dr. N.K. Shukla, learned Senior Advocate appearing for the appellant/SECL would submit that the learned District Judge has committed illegality in holding that the claims as made by respondent No. 1 were not time-barred. He would further submit that grant of no dues/claim certificate by respondent No. 1 would disentitle the claimant to make any such claim as made before the Sole Arbitrator and finding on this issue by the learned District Judge is contrary to law.

(3.) Shri Rajesh Kumar Jain, learned counsel appearing for respondent No. 1 would, however, submit that the learned District Judge is absolutely justified in holding the claims made by respondent No. 1 within the period of limitation. He would further submit that the alleged issuance of no claim certificate respondent No. 1 would not disentitle to make further claim before the Sole Arbitrator and as such the learned District Judge has rightly set aside the award and remanded the matter to the Sole Arbitrator for hearing and disposal of the claims on merits in accordance with law.