GOVERNMENT OF U.P. Vs. KRISHNA MOHAN GOEL

JUDGEMENT

(1.) These three appeals have been filed challenging identical orders dtd. 4/7/2025, 10/6/2025 and 10/6/2025, whereby the Commercial Court, Prayagraj has dismissed the objections under Sec. 34 of Arbitration and Conciliation Act, 1996 (in short 'Act, 1996') filed by the appellants, respectively in Arbitration Case No. 20 of 2023, 14 of 2023 and 15 of 2023. Dismissal of the objections is only on the ground that before filing of the same, the appellants had not obtained prior permission from the Legal Remembrancer (in short 'L.R.') and, therefore, the objections were not maintainable.

(2.) Since the orders passed by the Commercial Court are not on merits of the arbitration case, that is to say that the awards passed by the Arbitrator have not been examined on merits, we are not entering into the factual controversy involved in the matter and are deciding these appeals only on the limited aspect as to whether, in absence of prior permission obtained from L.R., objections under Sec. 34 of the Act, 1996 were maintainable.

(3.) First of all, we may refer to the finding recorded by the Commercial Court in all three orders impugned in these appeals. The finding recorded in the order dtd. 4/7/2025 passed in Arbitration Case No. 20 of 2023 (impugned in Arbitration Appeal No. 255 of 2025) reads as under:- <IMG>JUDGEMENT_96_LAWS(ALL)11_2025_1.jpg</IMG>