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Judgment
Heard Shri Ratnesh Chandra, learned counsel for review petitioner.
The petitioner has sought review of order dated 21.6.2012 passed by us in First Appeal From Order No. 609 of 2012.
Learned counsel for the petitioner submits that in the F.A.F.O. the subject matter for adjudication is the order dated 30.5.2012 passed by the District Judge whereby learned District Judge has dismissed the petitioner''s application moved u/s 34 of the Arbitration and Conciliation Act, 1996 for want of deposition of 50% of the amount of award. He dismissed the application also with costs of Rs. 25,000/-.
Learned counsel for the petitioner has submitted that petitioner moved an application u/s 34 of the Act, 1996 before the learned District Judge well within time prescribed therefor. He also drew our attention towards provision of Section 36 of the Act, which provides that where the time for making an application to set aside the arbitral award u/s 34 has expired, or such application having been made, it has been refused, the award shall be enforced under the Code of Civil Procedure, 1908 in the same manner as if it were a decree of the Court.
In the light of the aforesaid provision, he submits that the award passed by the arbitrator is executable either only after decision of the application moved u/s 34 of the Act or after expiry of the period for making the said application, in the event when the application u/s 34 of the Act has not been moved.
Since the petitioner, moved the application well within time, the learned District Judge was under obligation to dispose of the application on merits instead of making any pre-condition for deposition of 50% amount of award to entertain the application.
At this stage, learned counsel for the petitioner submits that since learned District Judge has dismissed the application moved u/s 34 of the Act, the respondent has proceeded to get the award executed through the police force and in the garb of execution trying to dispossess the persons while it was not ordered in arbitral award.
Upon perusal of the provision of the Act, we prima facie, find force in submission of learned counsel for the review petitioner.
Therefore, we hereby entertain the review petition subject to condonation of delay in filing the application after service of notice to the respondent, keeping in view the fact that respondent have proceeded to get executed the award with police force as well as the provision of Section 36 of the Act, at this stage, we feel it proper to hold that the parties shall maintain status quo on the spot till further orders of this Court.
List along with service report of notice issued to the respondent.