Unknown vs State
2021 Latest Caselaw 953 UK

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                     COURT'S OR JUDGES'S ORDERS
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             Registrar's order with
                  Signatures

                                      CLR No. 25 of 2019
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Ajay Singh Bisht, Addl. CSC, for the State.

The State of Uttar Pradesh, as it then was, had preferred this Revision under Section 115 of CPC, being aggrieved against an order dated 30.11.1981, which was passed by the then District Judge, Almora in Miscellaneous Case No. 12 of 1981, M/s Martin Burn Ltd. Vs. State of U.P. and others.

The consequential effect of the impugned order, which was put to challenge in the revision was that, the learned District Judge, while exercising its powers under Sections 11 and 12 of the Arbitration Act, 1940, by the impugned judgement dated 30.11.1981, had appointed the sole Arbitrator and directed the Arbitrator to complete the reference made and to render an award. The relevant part of the judgment is quoted hereunder:-

"Order Sri G.K. Mitter is appointed the Sole Arbitrator in the arbitration matter to complete the reference and make the award expeditiously.

                                                  Dated                   Sd. G.K. Mathur
                                                  November 30, 1981       District Judge
                                                                        Almora

Order dated, signed and pronounced to-day in open Court."

Initially, there was an interim order, granted by the coordinate Bench of Allahabad High Court, but the same was later on vacated.

The order sheet of this Court reflects that the record of the revision was received by this Registry of this Court on 22.05.2019, on which the notices were issued. Since being an old matter, a request was made to the Additional Chief Standing Counsel, Mr. Ajay Singh Bisht, to collect the information about the status of the proceedings of the arbitration as directed by the impugned order of the District Judge, Almora to be carried and decided.

Today, when the matter was taken up, and as per the information, which had been supplied to him from the office of the Executive Engineer, PWD, Almora, he has responded back and informed that there was only a solitary bond with the respondent, which was executed with the respondents herein, which had underwent the arbitration proceedings and as a consequence of the impugned order, which is under challenge and as per the entries made which had been in the cash book, pertaining to 25.09.1986, a total amount of Rs. 2,22,148.57, is already shown to have been disbursed to the respondents.

Hence, in all probability, as per the instructions of the Executive Engineer, the matter might have been laid to rest due to fact that the amount has already been remitted to the respondents, as it has been informed by the Executive Engineer.

In view of the aforesaid, the present revision is closed.

(Sharad Kumar Sharma, J.) 17.03.2021 Mahinder/