L.N.MITTAL,J. - (1.) THE application is allowed and Annexure A-3 is taken on record, subject to all just exceptions. Main Case
(2.) THIS is first appeal against judgment dated 16.02.2012 passed by learned Additional District Judge, Sri Muktsar Sahib, thereby dismissing petition under Section 34 of the Arbitration and Conciliation Act, 1996 (in short, the 'Act') filed by appellants and proforma respondents No.3 for setting aside award dated 14.09.2007 passed by respondent No.2 Arbitrator, along with another similar petition filed by Virsa Singh challenging the same award. Appellants, proeforma respondent No.3 and aforesaid Virsa Singh are said to be partners of M/s. Sunshine Rice Traders (Miller). Respondent No.1-Corporation supplied paddy to the Miller for custom milling. Dispute arose between the parties. The dispute was referred to respondent No.2-Arbitrator who gave his award dated 14.09.2007. Tarsem Singh proforma respondent No.3 herein filed petition under Section 34 of the Act to challenge the said award. Virsa Singh filed a separate petition under Section 34 of the Act to challenge the same award. Appellants Harjit Singh and Roop Singh filed application under Order 1 Rule 10 of the Code of Civil Procedure for impleading them as party to the petition filed by Tarsem Singh and accordingly they were impleaded as party thereto. Counsel for the appellant stated that the said application was moved by the appellants in the trial court on 09.06.2009. Both the petitions filed under Section 34 of the Act have been dismissed by the trial Court. I have heard learned counsel for the appellants and perused the case file.
(3.) COUNSEL for the appellants contended that FAO No.4405 of 2012 filed by Virsa Singh against the same judgment of the trial Court is pending for 20.03.2013 after issuance of notice of motion. However, this circumstance does not help the appellants because question of limitation in petition filed by Virsa Singh and in the petition filed by Tarsem Singh may not be on the same footing. In the instant appeal, the question of limitation qua the appellants has to be examined.;