Dismissed

M/S Malerkotla Rice Mills v. Punjab State Coop. Supply and Mktg. Fed. Ltd.

Punjab & Haryana HC7 Aug 2009FAO/1102/2009

Case brief

AI extract

What is this about?

The Court dismissed an application for condonation of delay and the subsequent special appeal. The delay was not condoned as the cited judgment in a similar matter was based on consensus and decided no legal point. The appeal was deemed devoid of merits because the appellant had acquiesced to the finality of the prior order.

What did the court decide?

Application for condonation of delay and the appeal were dismissed.

M/S Malerkotla Rice Mills Vs Punjab State Coop. Supply… — Arbitration | Punjab & Haryana HC (2009)

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FAO No. 1102 of 2009 (O&M) 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No. 1102 of 2009 (O&M) Date of decision: August 07, 2009

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M/s Malerkotla Rice Mills, Malerkotla, District Sangrur

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........ Appellant

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Versus

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The Punjab State Cooperative Supply and Marketing Federation Limited and others

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.......Respondent(s)

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Coram: Hon'ble Ms Justice Nirmaljit Kaur

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-.-

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Present: Mr. S P Garg, Advocate for the Appellant

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Ms Deepali Puri, Advocate for the respondents

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Whether Reporters of local papers may be allowed to see the judgement?

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To be referred to the Reporter or not?

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Whether the judgement should be reported in the Digest?

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Nirmaljit Kaur, J.

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This is an application for condonation of delay of 792 days in filing the instant appeal.

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The aforesaid application has been filed on the ground that the Punjab State Co-operative Supply and Marketing Federation Limited had challenged the award dated 13.07.2004 passed by the Arbitrator before the District Judge, Sangrur, who set aside the same vide judgement dated 26.09.2006 and remanded the case back to the Arbitrator, to decide the same afresh under issue No. 1 within a period of three months from the date of receipt of the file. After remand, the

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FAO No. 1102 of 2009 (O&M) 2

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Arbitrator started the proceedings. No appeal was filed against the aforesaid judgement dated 26.09.2006. Thus, it was presumed that the same has become final between the parties, as the appellant had started appearing before the Arbitrator after accepting the finality of the judgement. Thereafter, after more than 800 days, the present appeal has been filed accompanied with an application for condonation of delay of 792 days on the ground that a similar issue has been decided by the High only on 06.08.2008 in FAO No. 2696 of 2007. It was stated that the appellant decided to suddenly challenge the order dated 26.09.2006 after the passing of the judgement dated 06.08.2008 in other case.

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An explanation for delay on the ground that a judgement having been passed in a similar case i.e. in FAO No. 2696 of 2007 cannot be made a ground to condone the colossal delay of 792 days in filing the present appeal.

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Even otherwise on merits, a perusal of the judgement dated 06.08.2008 passed in FAO No. 2696 of 2007, shows that it was passed on the basis of consensus having been arrived at between the parties. As such, no law point has been decided in the same so as to enable the appellant to apply the same judgement in the facts of this very case. As submitted earlier, the appellant has also started appearing before the Arbitrator, who too has commenced the proceedings. Thus, there is no merits in the appeal either. Accordingly, the application for condonaton of delay as well as the appeal is dismissed being devoid of merits.

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August 07, 2009 mohan

M/S Malerkotla Rice Mills v. Punjab State Coop. Supply and Mktg. Fed. Ltd.

Case brief

What is this about?

What did the court decide?

M/S Malerkotla Rice Mills v. Punjab State Coop. Supply and Mktg. Fed. Ltd.

Case brief

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What did the court decide?

What the court decided

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