STATE OF MADHYA PRADESH Vs. LION ENGINEERING CONSULTANTS

JUDGEMENT

(1.) Feeling aggrieved by the order dated 13.09.2012, passed by the learned Additional District Judge, Bhopal in Arbitration case No. 17/2011, whereby the application of the appellant under Section 34 of the Arbitration and Conciliation Act, 1996 ( hereinafter referred to asnbsp; the said Act) has been rejected. The State of Madhya Pradesh and its functionaries has filed this appeal under Section 37 of the said Act.

(2.) Learned counsel for the parties submit that the application under Section 34 of the said Act was barred by time and eventually an application was submitted before the court below to condone the delay and the same was condoned on 13.04.2011. In this regard, my attention has been drawn to the order sheet of that date, wherein this court finds that the delay was condoned. However, unfortunately, by the impugned order dated 13.09.2012, the application under section 34 of the said Act has been dismissed only on the ground of delay. To me, since the delay in filing the application was already condoned on 13.04.2011, the impugned order is hereby set aside and the case is remanded back to the court below to decide the application on merits.

(3.) At this juncture, Shri Neeraj Jauhari, learned counsel appearing for the respondent submits that the learned court below be directed to decide the application within a stipulated period. This contention is accepted. The learned court below is directed to decide the application as early as possible, preferably within a period of four months from the date of receipt of certified copy of the order.