UNION OF INDIA Vs. TERAI TEA COMPANY LTD.

JUDGEMENT

(1.) This appeal is arising out of an award passed by the learned Arbitrator on 29/4/2023 in disposing of an application filed by Union of India for modification of the award dtd. 3/4/2019 made in the arbitration proceeding that was pursued in terms of the provisions of Sec. 8, Sub-sec. (1)(b) of the Requisitioning and Acquisition of Immovable Property Act, 1952 for the purpose of determination of requisition as well as acquisition compensation payable thereunder for the tea garden.

(2.) It appears that the award finally passed by the learned Arbitrator was modified by a coordinate bench by its judgment and order dtd. 13/6/2022 in connection with an appeal filed under Requisitioning and Acquisition of Immovable Property Act, 1952 by the award- holder, Terai Teac Co. Ltd. & Another. In the said judgment the issues framed by the learned Arbitrator is mentioned in paragraph 12 which reads as follows:-

(3.) The coordinate bench in disposing of the appeal was of the view that an opportunity may be given to the award-holder to establish its claim with regard to the issue nos. 6, 8 and 10 and accordingly set aside the award passed by the learned Arbitrator with regard to the issue nos. 6, 8 and 10.