- (1.) Challenge in the above titled three Civil Revision Petitions is to the order dated 07.11.2015 (Annexure P-1) vide which application for condonation of delay in filing the objections under Section 34 of Arbitration and Conciliation Act, 1996 (for short, 'the Act') was allowed wrongly and illegally. All above said Civil Revision Petitions, bearing CR Nos. 8595 to 8597 of 2015 are being disposed of by this common judgment.
(2.) Relevant facts of the case for the purpose of decision of this petition; that in an arbitral proceedings pending before the Arbitrator; respondent No.2 i.e. Arbitrator passed an arbitral award on 08.05.2013 whereby the respondent i.e. Improvement Trust Amritsar was ordered to allow the petitioner to deposit the balance amount after deducting 20% from the original sale price along with 12% interest within 60 days in lump sum. After waiting for a sufficient time the petitioner moved an application before Chairman, Improvement Trust, Amritsar on 27.06.2013 to intimate the balance amount of the shop in question as per the award dated 08.05.2013 and copy of said award was also enclosed. However, respondent No.1 i.e. Improvement Trust filed objections against the arbitral award on 27.05.2014 though the same was much beyond the period of limitation. The objections were accompanied with the application under Section 5 of the Limitation Act, 1963 and the Court below allowed the said application.
(3.) Learned counsel for the petitioner while assailing the said order submitted that the award was passed in presence of counsel for both the parties on 08.05.2013 and that is the date of knowledge for the respondents but the Court below completely ignored this fact while passing the order under challenge. In support of his arguments reliance has been placed upon judgment of co-ordinate Bench of this Court in case Rajinder Kaur Vs. Union of India, Department of Road Transport and Highways and others, 2014 174 PunLR 128 and in case Tez Kaur Vs. Union of India and others CR-4828 of 2012 decided on 16.09.2013.;