ASHOK Vs. M/S SANGHI BROTHERS (INDORE) LTD.

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is directed against the order of the Additional District Judge, Indore dated 6.9.2012, by which the petitioner's application for framing the issue has been rejected and the request for grant of time to file rejoinder has been turned down.

(2.) In brief, in the arbitration proceedings between the petitioner and the respondent No.1, the Arbitrator had passed the award on 7.9.2009, against which the petitioner had filed objection under Section 34 of the Arbitration and Conciliation Act, 1996 (for short ".the Act") and when the matter was pending before the Additional District Judge, Indore, the petitioner had filed an application for framing the issues which has been rejected by the impugned order dated 6.9.2012. By this order the petitioner's prayer for further time to file the rejoinder was also rejected.

(3.) Learned counsel appearing for the petitioner referring to Rule 9(1) of the M.P. Arbitration Rules, 1997 and the Single Bench judgment of this Court in the matter of Lakme Limited, Mumbai Vs. Plethico Pharmaceuticals Ltd., Indore and others, 2000 2 MPLJ 35 has submitted that for deciding the objection under Section 34 of the Act, it was necessary for the Additional District Judge to frame issues and decide the same after permitting the parties to lead evidence. He has further submitted that the opportunity for filing the rejoinder should have been granted.