1. This appeal is directed against the order passed by Additional district Judge, Chandigarh dated 12-9-2008 on an application filed under Sec.5 of limitation Act, 1963 (for short the Act) for condonation of delay of 839 days in filing the application under Sec.34 of the arbitration and Conciliation Act, 1996 (for short act of 1996) against the award of arbitrator dated 3-6-2005.

2. The dispute between the parties was referred to Sole Arbitrator who gave his award dated 3-5-2005. The appellant filed a Civil Suit No.292 dated 18-5-2002 titled as M/s. Rajpura Gas House V/s. M/s. Indian oil Corporation Limited for mandatory injunction to direct the respondents to forthwith restore distributorship of Pawan kumar, sole proprietor of M/s. Rajpura Gas house, Rajpura on the ground that reference covering all the dispute between the parties directly and substantially in issue have been finally decided by the Arbitrator by his impugned award dated 3-5-2005 which has become enforceable under the code of Civil Procedure, 1908 (for short cpc) in the same manner as if it were a final decree of the Court. In the suit, as many as six issues were framed, which are reproduced as under :

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