- (1.) This petition has been filed with the following prayer: "A. To issue an appropriate order or direction to the learned District Judge, Ghaziabad (Prescribed Authority), to forthwith decide and conclude the proceedings of Arbitration Case No.903 of 2017 (Sahkari Awas Nirman Evam Vitt Nigam Ltd. Vs. Paresh Saxena) as expeditiously as possible and within the time stipulated by this Hon'ble Court without granting any unnecessary adjournments. B. To issue an appropriate order or direction to the learned District Judge, Ghaziabad to forthwith decide the execution application in furtherance of the arbitral award filed in Execution Case No.59 of 2017 (Paresh Saxena Vs. Sahkari Awas Nirman Evam Vitt Nigam Ltd.) as expeditiously as possible and within the time stipulated by this Hon'ble Court without granting any unnecessary adjournments."
(2.) Proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 taken out by the petitioner against the arbitral award dated 29.05.2017, rendered by the learned sole Arbitrator, came to be registered as Arbitration Case No.903 of 2017 (Sahkari Awas Nirman Evam Vitt Nigam Ltd. Vs. Paresh Saxena) before the learned District Judge, Ghaziabad.
(3.) After institution of the proceedings, the matter was first placed before the learned Presiding Officer on 24.08.2017 but no one was present and the case was posted for 04.09.2017. On 04.09.2017 no effective hearing could happen because the counsels abstained from work in pursuance of a strike call. On 12.09.2017, the counsels again abstained from work on account of strike call and the learned Presiding Officer did not proceed with the case. The case was thereafter posted before the learned Presiding Officer on 18.09.2017. Notices were issued to the petitioner on 18.09.2017. The order-sheet of the proceedings on 21.12.2017, 19.01.2018 and 21.03.2018, records that notices had not been served upon the petitioner. The order-sheet of 30.04.2018 and 29.05.2018 reveals that the petitioner had not been served with the notice. Consequently the respondent-Sahkari Awas Nirman Evam Vitt Nigam Ltd. was required to take fresh steps for service. The petitioner subsequently entered appearance, and tendered its objections to the application instituting the proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 on 23.08.2018.;