LOKANATH BISWAI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE order dated 12-5-2005 passed by learned District Judge, Ganjam, berhampur in C. M. A. No. 37 of 2004 is assailed in this writ petition. The dispute in the aforesaid case relates to an arbitration award dated 31st December, 2001. The points which need to be determined in this writ petition are as follows :

(2.) TO answer the aforesaid two questions, shorn of unnecessary details, the facts which will be necessary are stated herein below : a dispute arose with regard to construction of by-pass road at Gopalpur-on-Sea in response to a tender call notice issued on 14th February, 1995. The said dispute having not been referred to arbitration, the petitioner-contractor approached this Court under Section 11 (c) of the Arbitration Act in m. J. C. No. 90/1998 with a prayer to appoint an Arbitrator. This Court by order dated 27th january, 1999 appointed Shri Justice J. M. Mohapatra, a retired Judge of this Court, as the sole Arbitrator to arbitrate the disputes and differences. The Arbitrator after observing all paraphernalia passed an award on 31st December, 2001. The said award was assailed by the Union of India on 16th march, 2002 by filing an application under section 34 of the Arbitration Act before the learned Civil Judge (Sr. Division), berhampur with a prayer to set aside the same.

(3.) AFTER receipt of the notice the petitioner, it is submitted, appeared and raised an objection regarding the jurisdiction of the said Court to entertain an application filed under Section 34 of the Arbitration Act on the ground that it was not the Principal Civil judge of the District. Learned Civil Judge (Sr. Division) after hearing learned counsel for the parties and on being satisfied that he had no jurisdiction to entertain the application filed under Section 34 of the Act, by order dated 16th September, 2003 directed to take return the application giving liberty to the Union of India to seek redressal of the grievance before the appropriate court. After pronouncement of the said order a petition was filed under Order 7, Rules 10 and 10-A of the Code of Civil Procedure by the opposite party praying to return the application filed under Section 34 of the Act for facilitating it to present the same before the appropriate Court. Consequently, the application filed under Section 34 of the Act was returned to the opposite parly on 29th october, 2003 and the opposite party presented the said application in the Court of learned District Judge, Ganjam on the same day. Thereafter on 4th March, 2005 the opposite party filed a petition under Section 14 of the Limitation Act with a prayer to exempt the period spent by the opposite party in prosecuting the lis erroneously before the learned Civil Judge (Sr. Division), berhampur.