Union Of India Through Col. R.N. ... vs Shri O.P. Gupta And Another on 19 July, 2013

[Cites 2, Cited by 1]

Punjab-Haryana High Court

Union Of India Through Col. R.N. ... vs Shri O.P. Gupta And Another on 19 July, 2013

Bench: K. Kannan

             C.R. No.4802 of 2001                                                -1-

                  IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
                                         CHANDIGARH
                                                 C.R. No.4802 of 2001
                                                 Date of Decision.19.07.2013

             Union of India through Col. R.N. Masaldan                     .....Petitioner

                                                    Versus

             Shri O.P. Gupta and another                            .......Respondents

             Present:          Ms. Deepali Puri, Standing Counsel
                               for Union of India-petitioner.

                               Mr. H.S. Tuli, respondent No.2 in person.

             CORAM:HON'BLE MR. JUSTICE K. KANNAN
              1.      Whether Reporters of local papers may be allowed to see the
                      judgment ? No
             2.       To be referred to the Reporters or not ? No
             3.       Whether the judgment should be reported in the Digest? No
                                                        -.-
             K. KANNAN J. (ORAL)

1. The objections filed under Sections 5 and 11 of the Arbitration Act, 1940 were brought before the Court of 1st Instance namely the Civil Judge (Junior Division), Chandigarh and taken up along with the objection filed by the Union for passing a decree in terms of the award. All the applications are disposed of through a common order passed on 12.03.2001. The appeal had been filed against the order to the District Judge in Civil Appeal No.31 of 2001 and the appeal appears to have been allowed and the award of the Arbitrator that was made has been set aside. The order of the Appellate Court appears to have been in challenge in Civil Revision No.1918 of 2010. Since the award itself does not exist, any order passed by the Court of 1st Instance relating to rejection of the plea by the Union filed under Sections 5 and 11 does not require any independent consideration.

Kamboj Pankaj Kumar

2013.07.23 10:33 I attest to the accuracy and integrity of this document Chandigarh C.R. No.4802 of 2001 -2-

2. Learned counsel appearing for the Union states that the civil revision has become infructuous in view of the award having been set aside. The civil revision is dismissed as having become infructuous.

(K. KANNAN) JUDGE July 19, 2013 Pankaj* Kamboj Pankaj Kumar 2013.07.23 10:33 I attest to the accuracy and integrity of this document Chandigarh

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