Tripura High Court
The State Of Tripura & Another vs Shri Ashes Deb on 27 July, 2022
Author: Indrajit Mahanty
Bench: Indrajit Mahanty, S.G. Chattopadhyay
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HIGH COURT OF TRIPURA
AGARTALA
Arb.A. No.01 of 2022
The State of Tripura & Another
............ Appellant(s)
VERSUS
Shri Ashes Deb
......... Respondent(s)
For Appellant(s) : Mr. Debalay Bhattacharya, G.A., Mr. Karnajit De, Addl. G.A. For Respondent(s) : Mr. Somik Deb, Sr. Advocate, Mrs. Riya Chakraborty, Advocate, Mr. A Sengupta, Advocate.
HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY Order 27/07/2022 (Indrajit Mahanty, C.J.) Heard learned counsel for the respective parties.
2. An appeal has been filed by the State against an order dated 04.12.2021 passed by the learned District Judge, Dhalai in Case No. Civil Misc.(Arbitration) 1 of 2021 rejecting the petition filed by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996.
3. In the present appeal, the appellants have sought to rely upon the order dated 10.01.2022 of the Hon'ble Supreme Court at Annexure-6 which would speak for itself. Clearly, the appellants neither took a plea in their plaint nor brought the order of the Hon'ble Supreme Court to the notice Page 2 of 3 of the Court of learned District Judge, Dhalai Judicial District, Ambassa to advance their plea that the application filed under Section 34 of the Arbitration and Conciliation Act, 1996 ought not to have been rejected on the ground of limitation.
4. Mr. Somik Deb, learned senior counsel appearing for the respondent, on the other hand, contended that the said order of the Hon'ble Supreme Court would have no applicability to the facts situated in the present case.
5. However, in view of the fact that the appellants are essentially seeking to bring on record certain pleas as well as the order of Hon'ble Supreme Court which have not been canvassed or argued before the learned Trial Court, we are of the considered view that an appeal on fresh ground would not be appropriate. At this stage, Mr. Debalay Bhattacharya, learned Government Advocate appearing for the appellants-State, seeks to withdraw the present appeal with liberty to file a review application before the learned Trial Court.
6. Accordingly, the appeal stands disposed of as withdrawn with liberty as sought for. Interim order dated 03.06.2022 of this Court shall continue for a period of 15(fifteen) days from today and the appellants are at liberty to move appropriate application before the learned Trial Court and Page 3 of 3 the Trial Court shall be free to deal with the matter in accordance with law without being influenced, in any manner, by the order(s) of this Court. It is made clear that the applicability or otherwise of the order cited by the appellants shall be determined by the learned Trial Judge, strictly in accordance with law, without any influence of the observations made therein.
(S.G. CHATTOPADHYAY), J (INDRAJIT MAHANTY), CJ Pijush