NIKSON NONGRUM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M.F. Qureshi, learned counsel for the appellant and Dr. N. Mozika, learned DSG assisted by Ms. S. Rumthao, learned counsel for the respondents.

(2.) The appellant being aggrieved with the orders of the District and Sessions Judge, dtd. 17/4/2019 and 2/5/2019 is before this Court on the ground that the application of the appellant for setting aside abatement, condonation and substitution was dismissed by the Court below, without the merits having been gone into.

(3.) Mr. M.F. Qureshi, learned counsel for the appellant submits that the predecessor in interest of the appelant, who was also his mother had filed an application under Sec. 34 of the Arbitration and Conciliation Act, 1996, for setting aside the award in Arbitration Case No. ARB/BKB/2003/2, dtd. 23/3/2005. The learned counsel submits that his mother expired on 4/1/2015, and after a lapse of some time on 23/2/2016, the appellant had filed an application under Order 22 Rule 3 for substitution. However, he submits the same was dismissed on 17/4/2019 on the ground that the same was barred by limitation, and that no application for condonation of delay had been filed by the appellant.