An order returning an application must conform to the procedural requirements of Order VII Rule 10A of the CPC to prevent prejudice regarding limitation periods, particularly in arbitration matters, ensuring the party can approach the correct forum, such as a Commercial Court.

Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures

No Date COURT’S OR JUDGES’S ORDERS

Mr. Ravi Sehgal, learned counsel for the appellant.

2. Mr. S.S. Lingwal, learned counsel for respondent no. 1.

3. The reasons shown in delay condonation application are sufficient to condone the delay. Accordingly, the Delay Condonation Application (IA No. 1 of 2025) is allowed. The delay in filing the appeal is hereby condoned.

4. The present appeal from order has been filed challenging the order dated 20.05.2025 passed by the learned District Judge, District Udham Singh Nagar in Arbitration Case No. 116 of 2023, Palvinder Singh Vs. Registrar, Govind Ballabh Pant University of Agriculture and Technology and Others, whereby, the learned District Judge has returned the arbitration application (Arbitration Case No. 116 of 2023) of the appellant (for short ‘application’) to be presented before the appropriate Court.

5. Learned counsel for the appellant submits that the impugned order is improper as it does not conform to the provisions of Order VII Rule 10A of CPC and also for the reason that application under Section 34 of Arbitration & Conciliation Act, 1996 that the appellant could file pursuant to the impugned order would suffer from delay, as the limitation for challenging the award is three months plus thirty days.

6. There is considerable force in the submissions made by the learned counsel for the appellant. Therefore, the impugned order required to be modified ordering return of the application and directing the concerned Court to so return the application’s papers to the appellant to be presented before the Commercial Court having jurisdiction.

7. Both the parties agreed that the order impugned be modified.

8. Accordingly, the impugned order is modified; the office of the learned District Judge, District Udham Singh is directed to return the application’s paper to the appellant to be presented before the concerned Commercial Court. The appellant shall present the returned application’s paper before the Commercial Court concerned within a period of 30 days from the date of return of the application’s paper by the office of the learned District Judge, District Udham Singh.

9. With the above observation, the present appeal from order stands disposed of accordingly.