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High Court of Punjab and HaryanaFAO/3659/2016disposed of

Union Of India & ANR v. Jaspal Singh & ORS

2024-10-14Mr. Justice Suvir Sehgal2 pages

FAO-3659-2016 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (217-2) FAO-3659-2016 (O&M) Date of decision:- 14.10.2024 Union of India and another ... Appellants

Versus

Jaspal Singh and others

...Respondents

CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. R.S.Madan, Advocate for the appellants.

Mr. Samaydeen, Advocate and Mr. Sunil Garg, Advocate for the respondents No.1 to 4.

**** SUVIR SEHGAL, J. (ORAL) CM-12728-CII-2016 1.

For the reasons given in the application, it is allowed. 2.

Delay of 3 days in the re-filing of the appeal is condoned. Main case 3.

This appeal has been filed under Section 37 of the Arbitration and Conciliation Act, 1996 (for short "the Arbitration Act") assailing order dated 14.10.2015 passed by the learned Additional District Judge, Jalandhar, whereby the objections filed by the appellants under Section 34 of the Arbitration Act and cross objections, preferred by the land-owners, have been dismissed by a common order.

KAMAL SHARMA 2024.10.15 16:53 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh.

FAO-3659-2016 (O&M) -24.

Counsel for the land-owners/respondents No.1 to 4, at the outset, submits that he does not have any objection, in case, the impugned order is set aside and the matter is sent back to the Court concerned for redetermination. 5.

In view of the statement made by counsel for the contesting respondents, impugned order is set aside. Matter is remitted to the court of learned Additional District Judge, Jalandhar for decision afresh on merits. 6.

Appeal is disposed of.

7.

Parties are directed to appear before the Court of learned Additional District Judge, Jalandhar on 28.11.2024, for further proceedings in accordance with law. The Court concerned shall make an endeavour and decide the objections/cross-objections as expeditiously as possible. 8.

Pending application, if any, stands disposed of. (SUVIR SEHGAL) JUDGE 14.10.2024 Kamal Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No KAMAL SHARMA 2024.10.15 16:53 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh.