High CourtsDivision Bench(2022) 11 SIK CK 0069

Chhabil Dass Agarwal vs State Of Sikkim & Ors

Sikkim High Court · Decided on 30 November 2022

HON’BLE JUDGES
Biswanath Somadder, CJ · Bhaskar Raj Pradhan, J
RESULT
Dismissed
CASE NUMBER
Interim Application No. 01 Of 2022 In Arbiration Appeal No. 03 Of 2022 & Interim Application No. 01 Of 2022 In Arbiration Appeal No. 04 Of 2022

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Judgment

5 paragraphs · 200 words

Biswanath Somadder, CJ

This is an application taken out by the appellant, Chhabil Dass Agarwal, for the purpose of bringing on record certain additional documents in a proceeding initiated by him before this Court under section 37 of the Arbitration and Conciliation Act, 1996.

After hearing the learned advocates for the parties and upon perusing the application we notice that the additional documents which are annexed to the instant application were never placed either before the learned Arbitral Tribunal nor before the Court which heard the section 34 application, other than one document, being an order-sheet of the Tribunal, which, of course, is already a matter of record.

Since the order-sheet of the Tribunal is a matter of record, there is no need to pass any order for the purpose of bringing the same on record before this Court. However, in respect of other documents, we are unable to accept the prayer of the applicant, being the appellant, since those documents were never placed or considered either by the Arbitral Tribunal or before the Court which heard the section 34 application.

In such circumstances, the application, being IA No.01 of 2022, is liable to be dismissed and stands accordingly dismissed.