Special Land Acquisition Officer At Gandak Project v. Kaushal Kishore Chaudhary

IN THE HIGH COURT OF JUDICATURE AT PATNA

FIRST APPEAL No.126 of 2017 ====================================================== Special Land Acquisition Officer at Gandak Project, Ratwara, P.S. Sadar, District- Muzaffarpur.

... ... Appellant/s

Versus

Kaushal Kishore Chaudhary Son of Late Jagdish Choudhary, resident of Village- Pindauli Shankar, P.S. Katra, District Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Vikash Kumar For the Respondent/s :

Mr. Shambhu Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-02-2019 Heard the learned counsel for the appellant and the respondent.

The instant appeal has been filed against order dated 17.03.2017 passed by learned District Judge, Muzaffarpur in Misc. (Arbitration) Case No. 64/2016, whereby Misc. (Arbitration) Case has been dismissed at the stage of admission itself as barred by Section 34(3) of the Arbitration and Conciliation Act, 1996.

From the order dated 17.03.2017, it appears that aforesaid Misc. (Arbitration) Case was filed against the award passed on 10.03.2015, which was communicated to the appellant on 16.03.2015 but the copy of aforesaid award is not enclosed with the appeal.

The office has pointed out the defect that this appeal

Patna High Court FA No.126 of 2017(3) dt.26-02-2019 2/2 is not maintainable.

Learned counsel for appellant seeks necessary permission to convert this appeal into Memo of Misc. Appeal under Section 37 of Arbitration and Conciliation Act, 1996. This Court is not inclined to grant such permission. This appeal is accordingly dismissed as not maintainable.

The appellant is at liberty to take appropriate steps in accordance with law against the impugned order, if so advised. (Sanjay Priya, J) rakhi/- U