SOUTH EASTERN COALFIELDS LIMITED Vs. PADAM KUMAR SINGHANIYA

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 1.12.2005 whereby and whereunder learned District Judge, in exercise of his jurisdiction under Section 34(2) of the Act, 1996 has rejected the application filed by the petitioner to set aside the arbitral award dated 07.07.2014.

(2.) Essential facts leading to the passing of the aforesaid order challenged by the appellant-SECL herein are as under:-

(3.) Dr. N.K. Shukla, learned Senior Counsel appearing for the appellant-SECL would submit that the learned District Judge has committed illegality in rejecting the application filed by the appellant under Section 34 (2) of the Act, 1996. He would further submit that grant of no dues/claim certificate by respondent would disentitle the claimant to make any such claim as made before the Arbitrator towards security expenses and, as such, the finding on the issue by the learned District Judge is contrary to law.