The Court dismissed a civil revision petition under Article 226 challenging the trial court's rejection of a Section 34 appeal. The Court held the appeal was barred by limitation as it was filed after four years. No consideration was given to the revision. (Kendasamy
The Civil Revision Petition is dismissed. No costs awarded.
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1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :24.08.2017
CORAM
THE HON'BLE MR.JUSTICE M.GOVINDARAJ
CRP.(PD).No.3034 of 2017
Kandasamy
..Petitioner
.Vs.
1.The Arbitrator / District Collector,
Collectorate,
Villupuram District.
2.The Authorized Officer/
Special District Revenue Officer,
Land Acquisition (National Highways No.68),
3B/8, Ram Nagar, Swarnapuri 2 nd Gate,
Salem-4. ...Respondents
Prayer : Civil Revision Petition filed Under Article 227 of the Constitution of India to direct the learned District Judge, Villupuram to number the petition filed by the petitioner in CFR No.9792/2016 on 23.12.2016 and dispose of the same on merits in accordance with law by allowing this Civil Revision Petition.
For Petitioner : Mr.C.Munusamy
2
M.GOVINDARAJ, J. kas
O R D E R
The Civil Revision Petition is directed against the return of the Appeal Under Section 34 of the Arbitration and Conciliation Act, 1996. The award, admittedly passed in the year 2011 and an Appeal under Section 34 has been filed in December 2016. An appeal can be filed under Section 34 of the Arbitration and Conciliation Act within a limited period of 90 days, but the Appeal has been filed only after four years and hence the same is barred by limitation. Therefore, the return made by the trial Court is justified and the Civil Revision Petition needs no consideration.
2.Accordingly, this Civil Revision Petition is dismissed. No costs.
24.08.2017
kas
Index:Yes/No
Internet:Yes/No
To
The District Judge, Villupuram.
CRP.(PD).No.3034 of 2017
1 issue framed by the court
Whether a civil revision petition can be filed to challenge the dismissal of a time-barred appeal under Section 34 of the Arbitration and Conciliation Act, 1996.
1 provisions across 1 enactments
Kandasamy
The Arbitrator / District Collector, Collectorate, Villupuram District
The Authorized Officer / Special District Revenue Officer
M. Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
