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2024 Supreme(MP) 286

SUBODH ABHYANKAR
Ganpat – Appellant
Versus
Land Acquisition Officer And Sub Division Officer – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Akash Sharma
For the Respondent: Vaibhav Bhagwat, Ms. Anita Sharma

JUDGMENT :

Heard finally, with the consent of the parties.

2. This order shall also govern the disposal of Arbitration Appeal Nos. 60, 61, 63, 64, 65, 66, 67, 68, 69, 70 and 84 of 2024, as in all the cases, identical issue regarding limitation in filing the application under section 34 of the Arbitration and Conciliation Act, 1996 (in short “the Act of 1996”) is involved. For the sake of convenience, the facts as narrated in Appeal No. 57 of 2024 are being taken into consideration.

3. This appeal has been filed under section 37(1)(C) of the Act of 1996 against the order dated 6-4-2024, passed in M.J.C. No. 12 of 2023 by Additional First District Judge, Sardarpur, District Dhar whereby in a proceedings under section 34 of the Act of 1996, the application filed by the respondent No. 2 National Highway Authority of India under Order 7, Rule 11 of Civil Procedure Code for rejection of the case, has been allowed and the application filed under section 34 of the Act of 1996 has been rejected on the ground that the same is barred by limitation as provided under section 34(3) of the Act of 1996. It is held by the District Court that the application has been filed after a delay of 73 days, ove

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