INDERJIT GOEL Vs. PUNJAB RELIABLE INVESTMENT P LTD

JUDGEMENT

(1.) For the reasons given in the application, delay in refiling the appeal is condoned. Application stands disposed of accordingly.

(2.) This appeal has been filed by the appellant against the order dated 17-11-2003, passed by the Distt. Judge, Jalandhar, whereby the petition under Section 9 of the Arbitration and Conciliation Act, 1996 (here inafter referred to as the Act), filed by him was dismissed.

(3.) The facts, which are relevant for the decision of the present case are that in a dispute between the parties an ex parte award dated 18-7-2000 was passed by the Arbitrator (respondent No. 2). Thereupon, respondent No. 1 filed execution petition under Section 36 of the Act. The execution petition was transferred from the Court of Civil Judge (Junior Division) Jalandhar to the Court of Addl. Distt. Judge, Tis Hazari Courts, Delhi. In the petition under Section 9 of the Act filed by the present appellant it was alleged that the-said execution proceedings were fixed in the Courts at Delhi for 5-9-2003 for filing of the original copy of the award. It was alleged in the said petition that the present appellant was not served a valid notice about the arbitration proceedings and even the impugned award dated 18-7-2000 had not been served upon him and as such he was prevented to exercise a legal right to file petition under Section 33 and 34 of the Act for setting aside the award. It was alleged that these points were brought to the notice of the Court at Delhi by filing objection petition on 26-7-2002 but these objections were withdrawn in view of the order dated 18-7-2003 passed by the Delhi High Court. It was alleged that under Section 31(5) of the Act, it is mandatory to send a copy of the award to the parties which had not been done and as such limitation to file petition under Section 34 of the Act had not started and the execution proceedings pendings in the. Court at Delhi were premature. It was accordingly prayed that the execution proceedings may be dismissed as premature and in the alternate the enforcement of the award dated 18-7-2000 be stayed till a signed copy of the award it supplied to him.