LAWS(P&H)-2009-8-103

DALER SINGH Vs. DISTRICT FOOD & SUPPLIES CONTROLLER

Decided On August 19, 2009
DALER SINGH Appellant
V/S
DISTRICT FOOD AND SUPPLIES CONTROLLER Respondents

JUDGEMENT

(1.) THE petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India, to challenge the order dated 8.4.2008 passed by the learned Additional District Judge, Kurukshetra, on an application filed under Section 34 of the Arbitration and Conciliation Act (hereinafter referred to as 'the Act'), for setting aside the award dated 19.10.2006.

(2.) ALONG with the application, the petitioner moved an application for condonation of delay in filing the application under Section 34 of the Act. The petitioner pleaded, that the award dated 19.10.2006 was passed by the Arbitrator ex parte, and that no notice was issued to the petitioner with regard to arbitration proceedings. Even after passing of the award, no notice was issued to him. The case of the petitioner was that he was admitted in PGI, Chandigarh, and, therefore, could not file application under Section 34, after the receipt of notice of execution. It was pleaded, that there is sufficient ground for condonation of delay to file objections under Section 34 of the Act.

(3.) THE petitioner placed reliance on the judgment of the Hon'ble Supreme Court in National Aluminium Co. Ltd. v. Pressteel and Fabrications (P) Ltd., 2004(1) RCR(Civil) 511 ; 2004(1) Supreme Court Cases 540, whereas respondent placed reliance on the judgment of the Hon'ble Supreme Court in Union of India v. M/s. Popular Construction Co., 2002(1) RCR(Civil) 124 : AIR 2001 SC 4010.