- (1.) The appellant U.P. Sugar Corporation Ltd. has preferred this appeal under Section 39 of the Arbitration Act, 1940 against the order of the court of first instance dated 17.3.2018 by which the application of the appellant, paper No.4-Ga for condoning the delay in filing application for setting aside the award dated 1.10.2017 and consequently the application paper No.6-Ga under Section 30 of the Act have been rejected.
(2.) There was an agreement between the appellant and the respondent No.1 dated 2.8.1989 containing an arbitration clause. In connection with the said agreement, the first respondent filed an application before the Civil Court under Section 20 of the Act as also an application for some interim protection under Section 41 of the Act which was registered as Case No.652 of 1995. The said case gave rise to Civil Appeal No.15357 of 1996 U.P. State Sugar Corporation Ltd. Vs. M/s Sumac International Ltd., 1997 1 SCC 568 before the Supreme Court. The Apex Court vide judgment and order dated 4.12.1996 allowed the appeal and disposed of the case pending before the Chief Judicial Magistrate/Civil Judge, Muzaffarnagar under Section 20 of the Act by appointing an Arbitrator with the consent of the parties.
(3.) The original Arbitrator appointed by the Supreme Court died and was substituted by the new Arbitrator who on consideration of the claim petition and the counter claim which was duly entertained, made an award on 1.10.2017 allowing the claim of the respondent No.1 and rejecting the counter claim of the appellant.;