DEFENCE ESTATE OFFICER Vs. DAMODHAR

JUDGEMENT

(1.) Admit. Heard finally by consent of the learned counsel appearing for both the parties.

(2.) The appeal takes exception to the judgment and order 3.10.2012 passed by the learned Single Judge in W.P. No.3773 of 2012, thereby allowing the writ petition filed by the respondents herein and setting aside the order passed by the learned District Judge condoning the delay in filing an application for setting aside the Award.

(3.) The undisputed facts in the present matter are as such The Award of the Arbitration between the parties came to be served upon the present appellant on 6.10.2004. On 10.1.2005, an appeal for setting aside the same under the provisions of the Arbitration and Conciliation Act of 1996 (hereinafter referred to as Arbitration Act) came to be filed in this court. However, noticing that the application was tenable before the Court of learned District Judge and not before this court, the application was returned to the appellant on 25.1.2005. The application came to be filed before the learned District Judge on 8.2.2005. An application for condonation of delay came to be filed on behalf of the appellant on 8.2.2005. Undisputedly, the said application was rejected by the learned District Judge on 20.8.2005 observing that though the delay is only of few days, in view of the law laid down by this court in the case of H.M.P. Engineers Limited and others Vs. Ralies India Limited and others, 2003 6 BCR 24, holding that benefit of Section 14 of Limitation Act is not available for an application under Section 34 of the Arbitration Act, as such or the same could not be condoned. Undisputedly, the said order was affirmed by the learned Single Judge of this court in a writ petition and also by the Division Bench of this court in a letters patent appeal. The appellant filed a Special Leave Petition before the Apex Court wherein leave was granted. The Apex Court disposed of the appeal bearing Civil Appeal No. 2601/06, by the judgment and order dated 15.2.2011, thereby holding that since in the case of Consolidated Engineering Enterprises Vs. Principal Secretary, Irrigation Department it was held that Section 14 of the Limitation Act is applicable, where application under Section 34 of the Arbitration Act is made, nothing remained to be decided in the said appeal. The orders passed by the Division Bench, the learned Single Judge as well as the learned District Judge were set aside and the learned District Judge, Nagpur was directed to rehear the application under Section 34 of the Arbitration Act along with the application for condonation of delay. On remand, the learned District Judge vide the judgment and order dated 11.11.2011 allowed the application. Being aggrieved thereby a writ petition came to be filed by the respondents before this court. The learned Single Judge of this court relying on the judgment of the Apex Court in the case of Assam Urban Water Supply and Sewerage Board Vs. Subhash Projects and Marketing Limited, 2012 4 MhLJ 14, allowed the petition and set aside the order passed by the learned District Judge. Being aggrieved thereby the present appeal is filed.