DELHI JAL BOARD Vs. SHUBHAS PIPES LTD

JUDGEMENT

(1.) Petitioner prays that delay in filing OMP No. 315/05 be condoned. Vide OMP No. 315/05, objections to the award dated 19th July, 2004 have been filed under Section 34 of the Arbitration and Conciliation Act, 1996.

(2.) Notwithstanding the fact that claims before the Arbitrator were much above Rs. 20 lacs, sum awarded under the award is less than Rs. 20 lacs. Since pecuniary jurisdiction between Rs. 3 lacs and 20 lacs is that of the court of the District Judge, objections were filed before the District Judge and were assigned to a learned Additional District Judge who held that objections filed were not maintainable before the District Judge.

(3.) It is stated that time spent in prosecuting objections before a wrong forum i.e. a court of no pecuniary jurisdiction be condoned. Learned counsel for the respondent objects pointing out that this aspect of the matter was pointed out to the petitioner when an application under Order 7 Rule 11 CPC was filed. Objector did not take remedial steps when told that the court of the learned Addl. District Judge had no jurisdiction. After an adverse finding was given against the petitioner, present petition was filed. Counsel states that no liberty was granted by the learned Addl. District Judge.