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2012 Supreme(P&H) 1331

HEMANT GUPTA, RAJIV NARAIN RAINA
Punjab State Industrial Development Corporation Ltd. – Appellant
Versus
Sunil K. Kansal – Respondent


Advocates:
For the Petitioner:Mr. B.S. Walia, Advocate.
For the Respondent:Mr. Mukand Gupta, Advocate.
For the As Amicus Curiae:Mr. Arun Palli, Sr. Advocate with Mr. Tushar Sharma, Advocate.
Mr. H.S. Hooda, Advocate General, Haryana with Mr. S.S. Patter, Sr. DAG, Haryana.
Mr. H.S. Sidhu, Addl. A.G., Punjab
For the U.T., Chandigarh:Mr. Sanjay Kaushal, Advocate.

JUDGMENT

Mr. Hemant Gupta, J.: - Challenge in the present revision is to an order passed by learned Additional District Judge on 14.3.2011 (Annexure P-2), whereby in an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short the ‘Act’), the learned Court has framed the issues and fixed the case for evidence of the objector relying upon the judgment of learned Single judge of this court reported as Amrik Singh and another v. Vardhan Properties Investment Ltd., 2007 (1) PLR 294.

2. The challenge to the said order is in view of the judgment of Hon’ble Supreme Court reported as Fiza Developers & Inter-Trade P. Ltd. v. AMCI (I) Pvt. Ltd, (2009)17 SCC 796, wherein it has been held that an application under Section 34 of the Act cannot be tried as a regular civil suit and the procedure adopted by the learned Court in framing the issues is not correct. It is argued that calling upon the objector to lead evidence negates the very object of the Act for expeditious conclusion of the disputes with minimal interference by the Courts.

3. When the matter came up for hearing before the learned Single Judge of this Court on 7.5.2012, learned Single Judge expresse







































































































































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