Chief Manager And Managing ... vs M/S Baba Ramdev Foundry Through ...
2023 Latest Caselaw 300 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 2241/2019

1.     Chief Manager And Managing Director, Rajasthan
       Industries Development And Investment Corporation
       Limited (Riico) Udyog Bhawan, Tilak Marg, Jaipur
2.     Regional Manager, Rajasthan Industries Development And
       Investment Corporation Limited (Riico), Unit, Jaipur
       (Rural) Baisgodam Industrial Estate, Jaipur
                                                                  ----Appellants
                                   Versus
1.     M/s Baba Ramdev Foundry Through Properietor Smt.
       Shanti Devi W/o Kanahiya Lal, B/c Bunkar, Resident Of
       Plot No. F-42, Riico Industrial Area, Shahpura, Jaipur
2.     Jai Prakash S/o Pratap Singh, B/c Jat, Resident Of Gothra,
       Tehsil Chirawa, Dist. Jhunjhunu (Rajasthan)
                                                                ----Respondents

For Appellant(s) : Ms. Sheetal Mirdha, Adv., Mr. Prateek Singh, Adv.

For Respondent(s) : Mr. Ashok Kumar Kasera, Adv., Mr. Sparsh Bansal, Adv. On behalf of Mr. Yellop Singh, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

10/01/2023

By way of this civil miscellaneous appeal, appellants wants to

challenge the order dated 26.03.2019, whereby the learned

Additional District Judge No.14, Jaipur Metropolitan has dismissed

the appellants' objection filed under Section 34 of the Arbitration

& Conciliation Act, 1996 (hereafter 'the Act of 1996') seeking

annulment of the award dated 13.04.2016.

Learned counsel for the appellants submits that order passed

by the court below dismissing the objections to the award dated

13.04.2016 filed within limitation for non compliance with Section

34(5) of the Act of 1996 prior thereto and hold Section 34(5) as

(2 of 3) [CMA-2241/2019]

mandatory is apparently erroneous and unsustainable in view of

the judgment of the Apex Court in the case of The State of Bihar

& Ors. Vs. Bihar Rajya Bhumi Vikas Bank Samiti; Civil

Appeal No.7314/2018 decided on 30.07.2018 holding that

Section 34(5) of the Act of 1996 was only directory and objections

to award could not be dismissed only for failure to comply

therewith prior to the filing of objections. So, the appeal filed by

the appellant be allowed and matter be remanded back to the

court below for adjudication on merits.

Learned counsel for the respondents has not opposed the

arguments advanced by learned counsel for the appellants and

submitted that direction be given to the trial court for deciding the

objections within a time frame.

I have considered the arguments advanced by learned

counsel for the appellants as well as learned counsel for the

respondents.

I am of the considered view that in view of the law clearly

enunciated by the Hon'ble Supreme Court in the case of The State

of Bihar (supra) the impugned order cannot be sustained and this

appeal deserves to be allowed. It is so.

The matter is remanded back to the court below for

determination of the objections filed by the appellants under

Section 34 of the Act of 1996 to the award dated 13.04.2016 on

their merits.

The trial court is directed to decide the said objection as

early as possible and if possible with six months from the date of

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receipt of certified copy of this order.

(NARENDRA SINGH DHADDHA),J

Seema/70

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