CHANDAN BUILDERS Vs. UNION OF INDIA THROUGH CHIEF ENGINEER (AF) AHMEDABAD HAVING OFFICE AT MILITARY ENGINEER SERVICES LEKAWADA PATIA, CHILODA

JUDGEMENT

(1.) The petitioner has impugned the order dated 2nd April 2015 passed by the Extra Joint Ad-hoc District Judge, Pune thereby dismissing the civil appeal bearing No.457 of 2011 filed by the petitioner under Section 37(2)(a) of the Arbitration and Conciliation Act, 1996 (for short "the said Act").

(2.) It is not in dispute that there was an arbitration agreement recorded in the agreement entered into between the parties. The dispute arose between the parties. The respondent appointed an arbitrator. The respondent had filed an application under Section 16 of the said Act on 19th December 2005 before the learned arbitrator alleging that none of claims were arbitrable in view of the petitioner having allegedly signed the final bill and all the claims made by the petitioner were made after signing of final bill by the petitioner. The respondent had placed reliance on several judgments of the Supreme Court in support of the application filed on 19th December 2005. The petitioner (original claimant) filed reply opposing the said application filed by the respondent under Section 16 of the said Act. Parties granted extension of time to the learned arbitrator to pass an appropriate order. Learned arbitrator passed an order dated 21st July 2006 in the nomenclature of an award accepting the plea of jurisdiction raised by the respondents holding that none of claims made by the petitioner were arbitrable.

(3.) Being aggrieved by the said award dated 21st July 2006, the petitioner preferred civil appeal bearing No.457 of 2011 under Section 37(2) of the said Act before the learned Extra Joint Ad-hoc District Judge, Pune. By an order dated 2nd April 2015, the learned District Judge rejected the said civil appeal on the ground that the said appeal filed under Section 37(2) was not maintainable and the remedy of the petitioner, if any, was to file an application under Section 34 of the said Act. This judgment of the learned District Judge, Pune is impugned before this Court in this petition under Article 227 of the Constitution of India.