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2025 Supreme(Raj) 1973

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MANEESH SHARMA
State of Rajasthan through the Executive Engineer, Irrigation Department, Division Alwar, Alwar – Appellant
Versus
Devendra Pal Singh r/o 10, Poultry Estate, Agra Road, Jaipur – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Gopal Krishan Sharma, AGC
For the Respondent: Mr. Devi Dutta Sharma Mr. Vishnu Kumar

Order :

MANEESH SHARMA, J.

1. The present miscellaneous appeals have been filed under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Arbitration Act'), challenging the judgment dated 01.03.2011 passed by the Learned District and Sessions Judge, Alwar in Civil Misc. Nos. 141/2005 and 474/2005, whereby the challenge to the arbitral award(s) under Section 34 of the Arbitration Act filed by the non-claimant/appellant has been dismissed.

2. At the outset, it is required to be noted that by the impugned order, the learned District and Sessions Judge, Alwar in exercise of its powers under Section 34 of the Arbitration Act has confirmed the award(s) passed by the learned Arbitrator.

3. Nevertheless as regards to an order passed under Section 34 of the Arbitration Act (either setting aside the award or upholding the award) an appeal is provided under Section 37 of the Arbitration Act, however, the contours of the proceedings under Section 37 are more limited in terms of scope and ambit of challenge under Section 34 of the Arbitration Act.

4. Therefore the short question that is posed for consideration before this court is, whether in the facts a

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