UNION OF INDIA Vs. ARUN KUMAR DEEDWANIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, the Petition is heard finally and disposed of at the stage of admission.

(2.) The petitioner-Union of India challenges the order dated 24th Jan., 2017 passed by the Additional District Judge, Pune in Execution Petition No. 2416 of 2016. The respondent is a decree holder in the arbitral proceedings, so he filed Special Darkhast No. 2418 of 2016 before the District Judge, Pune.

(3.) In this case, the Union of India had filed Civil Miscellaneous Application No, 450 of 2011 challenging the award under section 34 of the Arbitration Act for setting aside the arbitral award passed in favour of the respondent. The said application was rejected by the District Judge-12, Pune on 2nd May, 2014. After losing that case, the UOI preferred Arbitration Appeal bearing No. 33 of 2014 before this Court, which was dismissed by this Court by order dated 18th June, 2015. In the said Appeal, no ground was taken by the petitioner/UOI that the said Application under section 34 of the Arbitration Act ought to have been entertained and decided by the Principal District Judge and should have decided by the District Judge-12, Pune.