- (1.) Heard learned counsel for the parties.
(2.) The applicant has approached this Court assailing the order dated 17 October 2015 passed by the Court of District Judge, Mathura in Arbitration Case No. 39 of 2013 (Mahesh Kumar Agarwal vs. Sahab Chandra Agarwal) rejecting the application to lead evidence to prove the allegations made in an application under Section 34 of the Arbitration and Conciliation Act.
(3.) The facts of the case, briefly is, that in an arbitration proceedings, against an award, applicant filed an application under Section 34 of the Arbitration and Conciliation Act, 1996(Act 1996), assailing the award dated 12 June 2013. The main ground of challenge, inter alia, was under Section 34(2)(iii) i.e. "the party making the application was unable to present case". During the pendency of the proceedings applicant made an application (14-C) stating that he may be permitted to lead evidence by way of an affidavit so as to prove the contentions raised in the application.;