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2018 Supreme(Sikk) 21

SATISH K.AGNIHOTRI
Principal Secretary, Department of Commerce & Industries Government of Sikkim – Appellant
Versus
Snowlion Automobile Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant :Mr. J. B. Pradhan, Additional Advocate General, Mr. Karma Thinlay, Senior Government Advocate with Mr. Thinlay Dorjee Bhutia, Government Advocate, Mr. Santosh Kr. Chettri and Ms. Pollin Rai, Assistant Government Advocates.
For the Respondent:Mr. Pabitra Pal Chowdhury, Mr. Samir Kumar Ghosh and Mr. B. K. Gupta, Advocates.

JUDGMENT :

Satish K. Agnihotri, J.

Invoking the extra-ordinary discretionary jurisdiction of this Court under Article 226 of the Constitution of India, the instant petition is filed, wherein the Petitioner seeks to impugn the Award dated 12.06.2015 rendered by the learned Arbitrator and consequential dismissal Order dated 10.06.2016 passed by the District Judge, East Sikkim at Gangtok, in application under Section 34 of the Arbitration and Conciliation Act, 1996 (in short, the Act, 1996), on stated grounds that there was palpable, manifest error causing miscarriage of justice.

2. The facts, in brief, relevant for examination and consideration of the lis involved in this petition, are that the Respondent was allotted a plot of land measuring an area of 0.56 acres situated at 5th Mile, Tadong, East Sikkim by the State Government, the Petitioner herein, vide letter bearing No.730 dated 24.06.1981 under the terms and conditions of Lease Deed dated 15.02.1989 for a period of thirty years. The Respondent herein was permitted to make development on the land by erecting structure to set up an automobile workshop under the terms of Lease Deed. On expiry of the period of lease, the lease was no

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