DAMANI CONSTRUCTION COMPANY Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. KN Choudhury, learned senior counsel for the petitioner and Mr. D. Choudhury, learned counsel appearing for the respondents.

(2.) Having regard to the subject matter involved and the elaborate arguments that have been advanced, this Court finds it convenient to pass final order on the writ petition at the Motion stage.

(3.) An interim awards dated 12.10.2003 was passed in favour of the writ petitioner by the learned Arbitrator in an arbitration proceeding between the parries to the present writ application. Therefore, it appears that the respondents in the writ petition filed an application for review/recall of the interim award and on the said application, an order dated 10.4.2004 was passed by the learned Arbitrator confirming the interim award. Thereafter an application under section 34 of the Arbitration and Conciliation Act, 1996 (here after referred to as, the Act) to set aside the interim award along with an application for condonation of the delay was filed before the learned Court below by the respondents herein. An application to stay the proceedings in execution of the award, which had commenced in the meantime, was also filed. The learned Court below by order dated 6.8.2004 has entertained the above applications and as an interim measure, had stayed further proceedings in execution. Aggrieved, the present writ application has been filed.