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2023 Supreme(Kar) 539

SACHIN SHANKAR MAGADUM
T. Younis S/o Hajit Amirsab – Appellant
Versus
National Highway Authority of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Archana A. Magadum.
For the Respondent: Rakesh Bilki.

ORDER :

1. The captioned petition is filed assailing the order of the Court below passed on I.A. No. 4 filed under Section 151 of CPC, wherein the petitioners application filed in I.A. No. 4 requesting the Court to dismiss the application filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short ‘the A&C Act’) as not maintainable as application under Section 34 is not accompanied by a certified copy of the award and the same was produced during the pendency of the proceedings and after expiry of the period of limitation indicated under Section 34(3).

2. The Court below having examined the rival contentions has declined to entertain the application filed in I.A. No. 4 on the ground that application filed under Section 34 is accompanied by the photocopy of a signed copy of an award and therefore, objections raised by the petitioners herein was over-ruled by the Court below. The said order is under challenge.

3. Learned counsel appearing for the petitioners reiterating the grounds urged in the petition would vehemently argue and contend that in an application under Section 34, the applicant is bound to produce the certified copy of the award. Reiterating the grounds

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