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TMI Blog2014 (6) TMI 155X X X X Extracts X X X X X X X X Extracts X X X X ..... tion Act, 1996 has been impliedly recalled. On 24.03.2004 and 11.8.2004, the following orders were passed which read as under: "Present: Counsel for the petitioner. Sh. J.K.Garg Advocate appeared for respondent no.1 written reply filed. Copy given. Heard. On the pleadings of parties, the following issues are framed:- 1. Whether the award dated 19.11.03 is liable to be set aside for the reason mentioned in the petition?OPP 2. Relief. No other issue arises or pressed. To come upon 20.5.2004 for evidence of applicant. PF/DM/list of witnesses/documents/affidavits be filed within seven days. Fresh notice be issued to arbitrator to send the file before that date. Dt.24.03.04 -sd/- Jagroop Singh Distt. Judge Sangrur" "Present: Counsel fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel for the petitioner and contended that whatever evidence is required to be led, this should have been led before the Arbitrator and it cannot be allowed to be brought before learned District Judge. The learned counsel has further contended that proceedings under Section 34 (2) of the Arbitration and Conciliation Act, 1996 are akin to the appeal, as such same principles will apply. The learned counsel has made reference to the judgment rendered by the Division Bench of this Court in M/s Punjab State Industrial Development Corporation Ltd. vs. Mr. Sunil K. Kansal 2012 (4) Law Herald (P & H) 3619 (DB) to contend that the impugned order dated 11.08.2004 (Annexure P-10) is legal and valid. Earlier order dated 24.3.2004 framing of issues a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Hon'ble Supreme Court has held as under: "13. Before concluding, there is a need to clarify the observation by the High Court that a proceeding under section 34 may not be in the nature of adversarial proceedings. In an adversarial process, each party to a dispute presents its case to the neutral adjudicator seeking to demonstrate the correctness of his own case and the wrongness of the other. [See : P.Ramanatha Iyer's Advanced Law Lexicon, Third Edition, Vol.I, Page 152]. While an applicant in an application under section 34 is interested in getting an order setting aside an award, his opponent is equally interested in ensuring that it is not set aside, but upheld. While an applicant presents his case to the Judge to prove th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are summary proceedings with provision for objections by the defendant/respondent, followed by an opportunity to the applicant to `prove' the existence of any ground under section 34(2). The applicant is permitted to file affidavits of his witnesses in proof. A corresponding opportunity is given to the defendant/respondent to place his evidence by affidavit. Where the case so warrants, the court permits cross-examination of the persons swearing to the affidavit. Thereafter, court hears arguments and/or receives written submissions and decides the matter. This is of course the routine procedure. The Court may vary the said procedure, depending upon the facts of any particular case or the local rules. What is however clear is that framin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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