- (1.) Present petition is challenge to the order dated 4.1.2014, passed by learned Additional Civil Judge (Senior Division), Amritsar, accepting the application filed by the respondent, thereby making award dated 31.10.1995 of the arbitrator as Rule of the Court.
(2.) Learned counsel for the petitioner submitted that the present proceedings are arising out of the Arbitration Act, 1940 (hereinafter referred to as "the Act"). The award was pronounced by the arbitrator on 31.10.1995. Earlier, respondent filed an application under Section 20 of the Act on 6.10.1978. The respondent had filed objections on 15.11.1996 against award dated 31.10.1995, passed by the arbitrator. On 30.9.2010, learned Additional Civil Judge (Senior Division), Amritsar dismissed the objections filed by the petitioner and that way observation has been made by the Court that respondent never filed any formal application for making the award as Rule of the Court and objections of the respondent were also dismissed being premature. Thereafter, the respondent moved an application dated 30.9.2010 before the Court below for making the award dated 31.10.1995 as Rule of the Court and prayed that order passed on such application is liable to be set aside on the ground that the objections were not filed within stipulated period of 30 days and even objection petition was not filed for making award as Rule of the Court within stipulated period of 30 days.
(3.) Learned counsel for the respondent submitted that present petition is not maintainable because the order under challenge is an appealable order as per provisions of Section 39 of the Act and prayed that present petition be dismissed.;