BHARAT ALUMINIUM CO. LTD. Vs. JAGDISH PRASAD AGRAWAL

JUDGEMENT

(1.) INVOKING Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter called as 'the A.C. Act, 1996') and calling in question the legality and validity of order dated 22 -1 -2005 passed by District Judge, Korba in Miscellaneous Civil Case No. 76/2004 in Bharat Aluminium Company Limited v. M/s. Jagdish Prasad Agarwal by which the appellant's application under Section 34 of the A.C. Act, 1996 to set aside the award dated 27 -1 -1999, has been rejected by the learned District Judge. The facts in brief, necessary for adjudication of this appeal, are as under:

(2.) SHRI Ratnakar Banerjee & Shri Abhishek Sinha, learned counsels appearing for the appellant -Company, while questioning the award of the Joint Arbitrators and the order dated 22 -1 -2005 rejecting the application filed under Section 34 of the A.C. Act, 1996, would submit as under: -

(3.) I have heard learned counsel appearing for the parties and considered the rival submissions made therein and perused the record of court below with utmost circumspection.