SUPERINTENDING ENGINEER Vs. GOKULANANDA JENA

JUDGEMENT

(1.) These Arbitration Appeals involve a challenge to the order dated 27.12.2013 passed by the learned District Judge, Angul involving all the three proceedings initiated under Section 34 of the Arbitration & Conciliation Act, 1996 involved therein and dismissing all such proceedings on the ground of delay.

(2.) Taking this Court to the provision at Section 34 of the Act, 1996 application, the limitation application and the grounds taken therein, Sri S.N.Mishra, learned Additional Government Advocate for the appellants involving all the three cases submitted that for the ground involved therein, in spite of sufficient reason for condonation of delay having failed to appreciate, the learned District Judge, Angul has arrived at the wrong impugned order, which unless be interfered with and set aside, the State will be at great loss.

(3.) Sri A.K.Mishra, learned counsel for the respondent on the other hand taking this Court to the grounds taken in the limitation petition, the provision contained in Sections 31(5) & 34 of the Arbitration and Conciliation Act and further the observation made in the impugned order contended that there is right appreciation of the issue involved therein and there has been right refusal of condonation of delay involving Arbitration Case Nos.18, 17 & 19 of 2012 by the learned District Judge. It is in the above premises, Sri Mishra, learned counsel for the respondent prayed this Court for dismissal of the three Arbitration Appeals for having no substance.