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High Court of Punjab and HaryanaFAO/2256/2018disposed of

Abhilasha Rani v. Union Of India And ORS.

2018-08-09Mr. Justice Rajan Gupta2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

FAO-2256-2018 (O & M) Date of decision: 09.08.2018 Abhilasha Rani .... Appellant V/s Union of India and ors.

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Paramjit Rajput, Advocate, for the appellants. Mr. Sunny Deep Juneja, Advocate, for Mr. A.K. Bansal, Advocate, for UOI.

Mr. R.S. Madan, Advocate, for respondent No.2.

***** RAJAN GUPTA , J. (Oral) Present appeal is directed against the order dated 31.10.2015 passed by the Additional District Judge, Jalandhar, whereby petition under Section 34 of the Arbitration and Conciliation Act filed by the respondents No.1 and 2, was allowed and the case was remanded back to the Arbitrator, Jalandhar.

Learned counsel are ad idem that the case is covered by the judgment delivered by this court in FAO-6522-2016 on 15.02.2017 titled as 'Mangal Dass versus Govt. of India through Secretary, Ministry of Road Transport and Surface/Highways and others'. However, learned counsel for National Highway Authority has raised an objection that Arbitrator after having rejected the claim of the appellant on account of shifting of Malba, granted Rs.10,000/- as lump sum for the same. He further submits that the learned Arbitrator, had wrongly awarded loss of structure at the rate of Rs.50,000/- lump sum.

Learned counsel for the appellants, however, fairly submits that he is giving up this part of the claim.

In view of the above, no further adjudication is necessary. Appeal is hereby disposed of in terms of Mangal Dass's case (supra). SUKHPREET KAUR 2018.08.22 04:59 I attest to the accuracy and integrity of this document

FAO-2256-2018 (O & M) ::2::

CM-8479-CII-2018 and CM-8480-CII-2017 Since the main case is disposed of, no separate order is required to be passed in these applications.

(RAJAN GUPTA) August 09, 2018 JUDGE sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUKHPREET KAUR 2018.08.22 04:59 I attest to the accuracy and integrity of this document