UNION OF INDIA Vs. TIMPACK PVT LTD

JUDGEMENT

(1.) These four appeals under Section 37 of the Arbitration and Conciliation Act, 1996 ['the Act'], directed against the common order dated 10.05.2012, as passed by the learned Deputy Commissioner, Ri Bhoi District, Nongpoh in two applications under Section 34 of the Act [being Arbitration Case No.1 of 2009 and Arbitration Case No.2 of 2009], have been considered together and are taken up for disposal by this common order.

(2.) Having heard learned counsel for the parties and having perused the material placed on record, we are satisfied that the impugned common order dated 10.05.2012 suffers from fundamental error of approach and the grievances of both the parties against the order impugned appear justified. In the totality of circumstances, we are of the view that while setting aside the order impugned dated 10.05.2012, both the applications under Section 34 of the Act [Arbitration Case No.1 of 2009 and No.2 of 2009, as then instituted in the Court of Deputy Commissioner, Ri Bhoi District, Nongpoh] be restored for reconsideration by the Court presently having jurisdiction in the matter i.e., the Court of District and Sessions Judge, Ri Bhoi District, Nongpoh.

(3.) In view of the fact that the applications under Section 34 of the Act are proposed to be restored for reconsideration, all the factual aspects as also the contentions for and against the awards forming the subject matter of the applications need not be dilated upon. Only a brief reference to the relevant background aspects would suffice.