The Union Of India Through The ... vs Jagdish Prasad Agarwal S/O Shri ...
2023 Latest Caselaw 4379 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Miscellaneous Appeal No. 5121/2018

1.      The Union Of India Through The General Manager, North
        Western Railway Jaipur (Raj)
2.      The      Chief    Project       Manager        North         Western   Railway,
        Opposite Railway Hospital Hasanpura Road Jaipur (Raj)
                                                         ----Appellants-Applicants
                                        Versus
Jagdish Prasad Agarwal S/o Shri Sugan Chand Ji Agarwal, R/o
House No. 7 Sector No. 6 Kumbha Nagar Chittorgarh (Raj)
                                                 ----Respondent-Non-Applicant

For Appellant(s) : Mr. Chandra Shekhar Sinha, Adv.

For Respondent(s)             :     Mr. Vishnu Kumar, Adv.



     HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

                                     Judgment

DATE OF JUDGMENT                                                     29/08/2023

Instant appeal has been filed by the appellants-objectors (for

short 'the objectors') against the order dated 23.07.2018 passed

by Additional District Judge No.8, Jaipur Metropolitan, Jaipur in

Objection Application No.184/2018 titled as Jagdish Prasad

Agarwal Vs. Union of India & Anr., whereby learned court below

dismissed the objections filed by the objectors under Section 34 of

Arbitration & Conciliation Act, 1996 read with Section 47 CPC and

upheld the award dated 12.12.2002 passed by the learned Sole

Arbitrator.

Learned counsel for the objectors submits that learned court

below wrongly dismissed the objection filed by the objectors.

Learned counsel for the objectors also submits that objectors had

filed a writ petition before this Court regarding objections on the

(2 of 3) [CMA-5121/2018]

award passed by arbitrator but said writ petition was dismissed as

withdrawn with liberty to file objections before court concerned.

So, objections filed by the objectors were within limitation but

learned court below wrongly dismissed the objection filed by the

objectors. Learned counsel for the objectors also submits that

instead of dismissing the objections on the ground of limitation,

they should have been decided on merit. So, order of the learned

court below be set aside.

Learned counsel for the objectors has placed reliance upon

the judgment of Hon'ble Apex Court in the case of Oriental

Insurance Co. Ltd. Vs. M/s Tejparas Associates & Exports

Pvt. Ltd. in Civil Appeal No.6524/2009 decided on

03.10.2019.

Learned counsel for the respondent-non cross objector (for

short 'the non-cross objector') has opposed the arguments

advanced by learned counsel for the objectors and submitted that

learned court below has rightly dismissed the objection filed by

the objectors on account of having been filed beyond limitation.

Learned counsel for the non-cross objector also submitted that

objectors wrongly filed the writ petition before this Court. After

that, they withdrew the writ petition but no delay was condoned.

It is an admitted position that present objections were not file

within the period of limitation. Learned counsel for the non-cross

objector also submitted that award was passed by the arbitrator

on 12.12.2002. After that, execution proceedings were initiated by

the non-cross objector. Then, cross objectors attended the

proceeding of the execution on 07.11.2003 and then objections

were filed by them on 20.03.2004. So, admittedly these objections

(3 of 3) [CMA-5121/2018]

were filed beyond the period of limitation. So, learned court below

has rightly dismissed the objections filed by the objectors. So,

appeal be dismissed.

I have considered the arguments advanced by learned

counsel for the objectors as well as learned counsel for the non-

cross objector.

It is an admitted position that arbitration award was passed

on 12.12.2002. After that, objectors had filed a writ petition

before this Court on 23.01.2003 and the said writ petition was

dismissed as withdrawn on 05.02.2004 with liberty to file an

application before appropriate court. It is also admitted position

that at that time, point of limitation was not considered. After

withdrawal of the writ petition, objectors had filed objections

before learned court below on 20.03.2004. It is also admitted

position that the said objections were not filed within time. So, in

my considered opinion, learned court below had not committed

any error in dismissing the objections filed by the objectors on the

ground of the limitation. So, present appeal being devoid of merit,

is liable to be dismissed, which stands dismissed accordingly.

Pending application(s), if any, stand(s) disposed of.

(NARENDRA SINGH DHADDHA),J

Jatin/129

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