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High Court of Punjab and HaryanaRSA/3770/2013disposed of

Subhash Sahni v. Hsidc & ORS

2017-10-27Mrs. Justice Anita Chaudhry2 pages

RSA No.3770 of 2013 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.3770 of 2013 (O&M) Date of Order: 27.10.2017 Subhash Sahni ..Appellant

Versus

HSIDC and others ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. V.K.Jindal, Sr. Advocate, with Mr. Gopal Soni, Advocate, for the appellant.

Mr. R.S.Sihag, Advocate, for the respondents.

ANIL KSHETARPAL, J(Oral) The limited grievance of the appellant in this appeal is reflected in the order dated 27.05.2014, which is extracted as under:- "Counsel for the appellant, inter-alia, contends that his suit was partly decreed. But he is aggrieved against the findings recorded by the trial Court, wherein it has been observed that "the defendants are however at liberty to proceed against the plaintiff in accordance with the "Assisted Sector Agreement dated 19.9.1989".

Counsel for the appellant has submitted that as per the said agreement, the respondents can proceed against the appellant before the Arbitrator, whereas the earlier proceeding before the Arbitrator were withdrawn by the respondents without any condition and by virtue Naresh Kumar 2017.11.01 14:04 I attest to the accuracy and integrity of this document Chandigarh

RSA No.3770 of 2013 (O&M) -2of the aforesaid order, they again have been given this handle to proceed against the plaintiff.

Notice of motion for 11.8.2014"

Learned counsel for the appellant has submitted that as per the Assisted Sector Agreement, dated 19.09.1989, the Court has rightly granted liberty to the plaintiff-Corporation, however, it has to be subjected to limitation.

Learned Arbitrator while adjudicating upon the claim is well within its jurisdiction to adjudicate upon whether the claim if any filed before him is within time or not.

With these observations, this regular second appeal is disposed of.

October 27, 2017 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Naresh Kumar 2017.11.01 14:04 I attest to the accuracy and integrity of this document Chandigarh