STATE OF HIMACHAL PRADESH Vs. SH. SANJAY CHAUHAN

JUDGEMENT

(1.) Instant appeal filed under Sec. 37 of the Arbitration and Conciliation Act, 1966 ( for short 'Act'), lays challenge to order/ judgment dtd. 6/4/2021, passed by learned District Judge, Shimla, District Shimla, H.P., in CMP No. 48-S/6 of 2020, titled as The State of Himachal Pradesh and another versus Sh. Sanjay Chauhan, whereby an application under Sec. 34(3) of the Act, having been filed by the appellants, praying therein for condonation of delay in filing the objections under Sec. 34 of the Act, came to be dismissed.

(2.) Ms. Srishti Verma, Advocate, appears and waives service of notice on behalf of the respondent. Before the case at hand could be heard and decided on its own merit, learned Senior counsel representing the respondent while inviting attention of this Court to the judgment dtd. 23/11/2021, passed by Co-Ordinate Bench of this Court in Arbitration Appeal No. 31 of 2021, titled as The State of Himachal Pradesh versus Sh. Bal Krishan, submits that instant appeal having been filed by the appellant-State deserves to be rejected in the light of aforesaid judgment rendered by Coordinate Bench of this Court.

(3.) Though, Mr. Desh Raj Thakur, learned Additional Advocate General, made an attempt to carve out a case that facts of the case at hand are disguisable from the case relied upon by counsel representing the respondent, but having carefully perused judgment rendered by Co-Ordinate Bench of this Court, as detailed hereinabove, this Court finds no merit in the submission of learned Additional Advocate General and same deserves outright rejection.