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Judgment
Soumen Sen, C.J.
We have gone through the Trial Court Records and have heard the learned Counsel for the parties.
An extremely irregular procedure was adopted by the learned District Judge in recalling his earlier order and hearing the matter afresh without giving any opportunity to the first respondent in both the appeals.
The Counsel for the parties have jointly prayed for a fresh hearing of the setting aside applications that were disposed of by the order dated 29th March 2025, subsequently corrected to 14th March 2025, and also all consequential orders.
Under such circumstances, the impugned orders are set aside. We direct the senior-most Additional District Judge,Kasaragod, to hear and dispose of O.P.Nos.38/2022, 58/2022 and 84/2022, filed under Section 34 of the Arbitration and Conciliation Act, 1996, after issuing notice to the parties and the Counsel representing the parties in the said proceedings. The matters shall be posted for appearance, and we direct the parties and the learned Counsel to appear before the First Additional District Judge, Kasaragod, on 30.03.2026. We further request the First Additional District Judge, Kasaragod, to hear and dispose of the aforesaid Original Petitions in accordance with law, as expeditiously as possible, without granting unnecessary adjournments to either of the parties.
The Registrar (District Judiciary) is directed to immediately communicate this judgment to the learned First Additional District Judge, Kasaragod, for information and compliance. The report filed by the learned District Judge shall be retained for further consideration. The Trial Court Records shall be sent back to the Court concerned immediately, after retaining photocopies of the orders and the court proceedings.
