BAGESHWARI SAHAKARI SAKHAR KARKHANA LIMITED Vs. SHIVAJIRAOGOPALRAO HUJARE

JUDGEMENT

(1.) RULE, returnable forthwith. Respective Advocates waives service. With the consent of the respective parties, the matter is taken up for final hearing.

(2.) THIS Writ Petition, filed under Article 227 of the Constitution of India and is directed against the judgment and order dated 3rd December, 2003 passed by the learned District Judge, Jalna, thereby dismissing the application filed by the petitioner seeking condonation of delay of 393 days in filing Miscellaneous Civil Petition No. 88/2003, under Section 34 (3) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act" ).

(3.) THE petitioner herein, is a society registered under the Maharashtra Cooperative Societies Act, 1960. The main purpose and object of the petitioner was to crush sugarcane of its members and to produce sugar. The petitioner entered into an agreement with respondent No. 1 i. e. proprietor of M/s Tara Engineers Kolhapur in the year 1991, for erection of factory and installation of machinery. After entering into an agreement, the respondent No. 1 has completed the work assigned. There arose some dispute between the petitioner and respondent. The respondents invoked the arbitration clause. As per the Arbitration Clause, the Commissioner of Sugar M. S. , Pune was the arbitrator. After the parties entered into the arbitration proceedings, the sole arbitrator passed an award on 5th April, 2002 directing the petitioner to pay Rs. 33,67,426 within a period of two months from date of award.