SANJAY GUPTA Vs. ASHWANI KUMAR

JUDGEMENT

(1.) The present appeal is filed under Sec. 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as '1996 Act'). Under challenge is the impugned judgment and order dated July 20, 2023, passed by the Additional District Judge, Chandigarh, in an application filed under Sec. 34 of the 1996 Act.

(2.) Learned counsel appearing on behalf of the appellant submits that the arbitration agreement is forged and fabricated and no reliance can be placed thereupon. He submits that there was a previous award passed on May 18, 2001, by an Arbitral Tribunal consisting of five members. Challenging the award, an application under Sec. 34 of the 1996 Act was filed by the appellant herein. The learned Court, after hearing the application under Sec. 34 of the 1996 Act, dismissed the same. Challenging the order dated March 4, 2003, a civil revision was filed. The said civil revision was dismissed. Thereafter, a review petition was filed, which was finally converted into FAO-8431-2015.

(3.) By an order dated February 11, 2016, a Coordinate Bench of this Court set aside the award passed in year 2001, since the same was not signed by all the Arbitrators. Since the parties were ad idem that the matter be referred to an independent Arbitrator, the Coordinate Bench appointed an independent Arbitrator, who adjudicated the disputes between the parties.