ANILKUMAR JINABHAI PATEL Vs. PRAVINCHANDRA JINABHAI PATEL

JUDGEMENT

(1.) By way of present petition, the petitioners are challenging the order dated 28th September, 2006 passed by the learned principal District Judge, Jalgaon, thereby rejecting the application for amendment filed by the present petitioners at Exhibit 18 in arbitration Petition No. 202/2005 filed under section 34 of the Arbitration and Conciliation act, 1996 (For short, hereinafter referred as "the Arbitration Act")

(2.) The facts, in brief, giving rise to the present petition are as under :-It is the case of the petitioners, that there is a property dispute between the petitioners and the respondents and as such, on 21st May, 1996, the said dispute came to be referred to the arbitrator. It is the contention of the petitioners that on 2nd July, 1996, the petitioners informed to the Arbitrator that the arbitration proceedings should not be proceeded further as the Arbitrator was acting with biassed mind. It is the contention of the petitioners, that on 7th July, 1996 and 3rd november, 1996, awards came to be passed by the Arbitrator without hearing the present petitioners and without giving any notice to the present petitioners. The petitioners, therefore, contended that they were not aware about the said award. In the year 2005, the execution proceedings were initiated by the respondents for executing awards dated 7th July, 1996 and 3rd November, 1996. It is the contention of the petitioners, that on 21/23rd November, 2005, notices in the said proceedings were served on the petitioners and, therefore, the petitioners for the first time came to know that such awards are passed in the year 1996. On 29th November, 2005, the petitioners have filed Arbitration petition No. 202/2005 before the learned principal District Judge, Jalgaon, challenging the award dated 7th July, 1996. It is the contention of the petitioners, that the said petition was filed hurriedly and, therefore, due to oversight the petitioners could not challenge the award dated 3rd November, 1996. The petitioners, therefore, filed an application for amendment on 23rd january, 2006 thereby seeking to amend the petition so as to challenge the award dated 3rd november, 1996. The said application was resisted by the respondents by filing reply dated 27th January, 2005. On 30th June, 2006, the learned Principal District Judge, Jalgaon, rejected the application for amendment holding that the amendment application was barred by limitation. The petitioners, therefore, approached this Court by way of Writ Petition No. 5502/ 2006. This Court vide order dated 30th June, 2006 set aside the order dated 30th June, 2006 and remanded the matter to the learned Principal district Judge for consideration afresh. After reconsidering the matter, the learned Principal district Judge, Jalgaon, passed the impugned order dated 28th September, 2006, thereby rejecting the application filed by the present petitioners. Hence, the present petition.

(3.) Heard Mr. R. N. Dhorde, learned counsel appearing on behalf of the petitioners and Mr. A. S. Bajaj, learned Counsel appearing on behalf of respondent no. lycaveator.