ATUL PRAVINCHANDRA SHAH Vs. PARESHKUMAR VASANTLAL SHAH

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order dtd. 7/2/2017 passed by the learned 7 th Additional District Judge, Vadodara in Civil Miscellaneous Application No.96 of 2015 under Sec. 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act"), whereby, learned Additional District Judge has dismissed the application filed by the present appellant under Sec. 34 of the Act challenging the preliminary award passed by the learned Arbitral Tribunal (Coram: Hon'ble Mr. Justice C.K. Thakker, Retired) dtd. 30/11/2013.

(2.) The case of the appellant in short as reproduced in the memo of appeal is summarized as under:

(3.) It transpires from the record that the present appeal was filed on 22/10/2021 with office objections. Initially, time was granted to remove the office objection within stipulated time by order dtd. 21/7/2022. However, appellant failed to remove such office objection rendering the appeal as dismissed for non removal of office objection. Subsequently, Miscellaneous Civil Application for restoration No.1 of 2022 came to be filed by the appellant. Such application filed by the appellant was allowed by order dtd. 14/11/2022 thereby restoring the First Appeal to its original file on condition to remove the office objection within stipulated time period. During this period, the delay of 1061 days has crept in. The Civil Application No.3364 of 2022 was heard by this Court and considering the aforesaid circumstances, this Court by order dtd. 22/3/2023 condoned the delay and First Appeal was placed for admission hearing before this Court.