Public Works Deptt Raj. Jaipur vs M/S Bhawan Va Path Nirmanbohara ...
2022 Latest Caselaw 3717 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 4663/2011

Public Works Deptt Raj. Jaipur
                                                 ----Appellant/non applicant
                                   Versus
M/s Bhawan Va Path Nirman (Bohara) And Co.
                                                    ----Respondent-claimant

For Appellant(s)          :    None present
For Respondent(s)         :    Mr. Vishnu Kumar



        HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

                                    Order

11/05/2022

Instant appeal has been filed by the appellant under Section

37 of the Arbitration and Conciliation Act, 1996 (for short 'the Act

of 1996') against the judgment and award dated 13.10.2009

passed by the Court of Additional District Judge No.3, Jaipur City,

Jaipur in case No.501/2009 whereby the objections filed by the

appellant was dismissed and the award dated 26.02.1998 passed

by the Sole Arbitrator was upheld.

Earlier this appeal was dismissed in the absence of counsel

for the appellant vide order dated 11.01.2012 on the ground of

limitation as the appeal was barred by limitation and the

application filed by the appellant under Section 5 of the Limitation

Act was also dismissed.

Against the order dated 11.01.2012, the appellant submitted

Civil Misc. Appeal No.2/2014 (SLP (civil) No.19790 of 2012) before

the Hon'ble Supreme Court and the same was allowed vide order

dated 02.01.2014 and the order dated 11.01.2012 passed by this

(2 of 2) [CMA-4663/2011]

Court was quashed and set aside and the matter was restored

with a direction to decide the appeal expeditiously and preferably

within three months.

Thereafter, the matter was listed before this Court on several

occasions and the matter was deferred for one reason or another.

Since this appeal is pending for adjudication since long and there

is specific direction of Hon'ble Apex Court to decide this appeal

within a period of three months, hence, under these

circumstances, this Court is left with no other option except to

hear and decide the appeal.

Even today, none is there on behalf of the appellant. In the

interest of justice, one last opportunity is granted to counsel for

the appellant to argue the matter on the next date.

List the matter on 20.05.2022.

(ANOOP KUMAR DHAND),J

HEENA GANDHI/11

Powered by TCPDF (www.tcpdf.org)