DEVENDRA KUMAR ARORA, J. - (1.) Heard learned Counsel for the parties.
(2.) The instant First Appeal From Order has been preferred under Section 39(1)(VI) of the Arbitration Act, 1940 [hereinafter referred to as the Act] against the judgment and order dated 27.11.2014 passed by the learned Additional District Judge, Raebareli in Misc. Case No. 222 of 2012 whereby the objections raised by the appellant under Section 30/33 of the Act have been rejected.
(3.) At the out set, it is relevant to point out that this case has a chequered history as the parties are litigating before the different forums since 1991 when M/s Universal Insulator Ceramic Limited preferred a claim petition before the Arbitrator claiming Rs. 1482.66 lacs under different heads and the matter reached to the Apex Court as the judgment and order dated 8.7.2003 passed by the High Court was challenged in Special Leave Petition (Civil) no. 22995 of 2003. Thereafter multiple proceedings were initiated by both the contesting parties.The instant appeal is pending since last three years and hearing of the case has been postponed on several occasions on one pretext or the other. Ultimately, the parties started final hearing in the matter and concluded their arguments. However, we are pained to observe that Mr. Pawan Upadhyaya, who has argued the matter on behalf of the appellant did not attend the proceeding when other side was giving reply to the arguments advanced by him. During the course of arguments, Mr Ashok Kumar Bhargava, who is the Chairman of the appellant's company was present in court and he insisted that he may be permitted to make the submission in the case though Miss Ruhi Gill, Advocate appearing for the appellant was very much present in the Court. As per rules, no litigant can be allowed to address the court unless he withdraws the power given by him to the Advocate but looking to the zeal and insistence of Mr. Ashok Kumar Bhargava, we permitted him to address the court, who de novo narrated the entire history of the case and took about two hours of the court to conclude his submission.;