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[Cites 2, Cited by 2]

Madhya Pradesh High Court

Penjon Farma Limited vs M.K. Brothers (Brash) Through Mahesh ... on 24 July, 2017

                 M.Cr.C. No.6581/2017
                 M.Cr.C. No.6587/2017
                 M.Cr.C. No.6592/2017
                 M.Cr.C. No.6594/2017
                 M.Cr.C. No.6596/2017
                          &
                 M.Cr.C. No.6598/2017


24.07.2017

Shri Ashish Gupta, learned counsel for the applicants.

Heard on the question of admission. By this application under Section 482 of Cr.P.C., 1973, the applicant is challenging the order dated 27/04/2017, passed by the Revisional Court whereby the learned Revisional Court by allowing the revision accepted the prayer of non-applicant / complainant and award of learned Arbitrator has been taken on record.

Learned counsel for the applicant has drawn my attention to the order of the learned Magistrate and para 8 and 9 of the impugned order and submitted that earlier an application for taking award has been filed by the applicant, but due to objection by the non- applicant/complainant, the same has not been taken on record. He submitted that at this stage, when evidence of the parties is over, the learned Court below committed an error in allowing the application and prays for quashment of order passed in the criminal revision and restoration of the order passed by the ACJM in private complaint.

On due consideration of the learned counsel for the applicant so also the fact that award is a public document and the same has been passed in respect of dispute between the parties, I am of the view that the learned Revisional Court has not committed any legal error in allowing the application filed by the complainant under Section 91 of Cr.P.C. No case to interfere with the impugned order in this proceeding under Section 482 of Cr.P.C. as prayed, is made out.

The M.Cr.C. stands dismissed accordingly.

(P.K. Jaiswal) Judge pn