PUNJAB AGRICULTURAL UNIVERSITY Vs. ASSOCIATES CONSTRUCTION COMPANY

JUDGEMENT

(1.) THIS order shall dispose of Civil Revisions No. 433 and 434 of 2002 as the common questions of law and facts are involved in these petitions. For the sake of convenience, the facts are being taken from Civil Revision No. 433 of 2002.

(2.) AN application under Section 14 of the Limitation Act has been filed by the applicant-petitioners for exclusion of the period spent by them for filing an appeal before the learned Additional District Judge. The delay in filing the appeal is condoned.

(3.) THE learned trial court observed that since there was dispute between the parties which needed to be referred to the Arbitrator and because of the facts brought on the record by the applicant, it was not proper to refer the same to the arbitration of Shri H.S. Shekhon. Instead the parties were asked to supply the list of three experienced persons who could be appointed as an Arbitrator. Vide order dated February 21, 2002, the learned trial Court asked the parties to agree on two names from the joint list submitted by the parties. The aforesaid order dated February 21, 2000 passed by the learned trial Court was challenged by the present petitioners by filing an appeal before the learned Additional District Judge, Ludhiana. The matter was pending before the learned Additional District Judge, Ludhiana when it was realised that he had no jurisdiction to deal with the appeal. Accordingly, the present petition has been filed to challenge the aforesaid order.