National Highway Authority Of India vs Khushal Chand And Others

Jyotsna Rewal Dua, J

Challenge in this arbitration appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (in short ‘the Act’) is to the judgment dated 25.06.2022 passed by t e learned District Judge, Mandi in Case No.121 of 2019 (National Highways Authority of India Versus Khushal Chand and others), whereby appellant’s application under Section 34 of the Act was dismissed and the award passed by the learned Arbitrator on 22.03.2019 in Petition No.478/2014 was affirmed.

It is seen from the record that the learned Arbitrator had disposed of several claims under common award dated 22.03.2019, which gave rise to several applications filed by the appellant under Section 34 of the Act before the learned District Judge, Mandi. All those applications were dismissed vide common judgment dated 25. 06.2022. Present is one such appeal arising out of the common judgment.

Learned counsel for the appellant apprises that the appellant has preferred several appeals in different cases arising out of the common judgment dated 25. 06.2022 passed by the learned District Judge, Mandi, which are pending c nsideration. It has also been apprised that in the instant appeal, the amount involved is only Rs.41,044/- , which stands deposited by the appellant in t e Registry of this Court.

Taking note of the fact that the amount involved n this appeal is very meagre, therefore, it is not considered desirable to examine the questions of law raised in this appeal. Merely on that basis, the present arbitration appeal is disposed of, leaving all questions of law open and to be considered & examined in other appeals filed by the appellant arising out of the common judgment dated 25.06.2022 passed by the learned District Judge, Mandi. It is made clear that disposal of this appeal on the ground of meagre amount involved will not impact in any manner the consideration and decision of other appeals on the questions of law involved therein.

The present appeal stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.