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2019 Supreme(P&H) 790

JAISHREE THAKUR
State Of Punjab – Appellant
Versus
Jai Bhushan Malik – Respondent


Advocates Appeared:
Sandeep Singh Deol, Adv., Akash Singla, Adv.

JUDGMENT :

Jaishree Thakur, J.

The instant appeal has been filed seeking to challenge the order dated 13.04.2018 passed by the Addl. District Judge, Barnala whereby, he has dismissed the application filed by the appellant under Section 34 of the Arbitration and Conciliation Act,1996 (for short 1996 Act') for setting aside the award passed by the Arbitrator.

2. The facts in brief are that a bid of respondent No.1 was accepted by the appellant for the work of providing sewerage scheme at village Kattu, Block Barnala, District Barnala under the World Bank Scheme. On account of a dispute between the parties, arbitration clause was invoked by appointing an arbitrator, who accepted the claim of respondent No.1 by passing an award dated 27.06.2015 for a sum of Rs. 4,18,767/-. Aggrieved against the said award, the appellant herein preferred an application under Section 34 of 1996 Act for setting aside the award, which application was contested by respondent No.1-contractor. The ADJ, Barnala dismissed the said application filed under Section 34 of 1996 Act on the ground of non-compliance of Section 34(5), which stipulates the service of prior notice upon the other party and filing of affidavit

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