This First Appeal filed under Section 37 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as Act) challenges the judgment and order dated 16/6/2007 delivered by learned District Judge, (Nagpur in Misc. Civil Application No.531 of 2003 whereby the learned District Judge has allowed application under Section 34 thereof filed by present Respondent. Appellant had stated that controversy herein is covered by the judgment dated 23/12/2005 in First Appeal No.60l/2005 and hence both parties had agreed to address the court finally at the stage of admission itself. On one date, Respondent stated that another matter vide F.A. No.284/2007 between parties involving similar point was already closed for judgment and therefore it was thought fit to await such judgment. The said Appeal was decided on 20/12/2007. In the meanwhile record & proceedings from Court of District Judge were called for and thereafter, parties were heard on 11th, 12th and 13th February, 2008 in this Appeal.

2. Admitted for immediate final hearing. Heard Advocate R. R. Shrivastava for Appellant, Advocate R. G. Agrawal for Respondent Union of India. Perused R & P of lower court.

3. Advocate Shrivast