A CHANDRAN Vs. NEELAM SRIVASTAVA

JUDGEMENT

(1.) THIS is an appeal arising out of rejection of an application under Order IX Rule 13 of the Code of Civil Procedure along with Section 5 of the Limitation Act. The award has been passed by the tribunal concerned without hearing the application of the appellant for cross-examining the witness and keeping the same pending, which has been subsequently detected by the appellant and when the application for setting aside the award was made along with the application under Section 5 of the Limitation Act. All were in vain since the same were rejected by the tribunal. In such circumstances, if the appellant is allowed to pay the compensation at this stage then the appeal will be rendered infructuous. Against this background, a prayer for maintaining status quo as on date is made. Upon going through the submissions made by the appellant, we are of the view that the entire order which has been passed by the tribunal definitely requires consideration upon notice. Issue notice upon the respondents by registered post with acknowledgement due within a period of one week from this date returnable four weeks hence. However, status quo as on date will be maintained in the meantime. Translated copy of the judgement and order, if not filed, be filed on the next date of hearing.