Research › Search › Judgment

Karnataka High Court · body

2017 DIGILAW 197 (KAR)

National Highway Authority of India Project Implementation Unit, Chitradurga v. Chandrakant S. Torgalmath

2017-02-01

SREENIVAS HARISH KUMAR, VINEET KOTHARI

body2017
JUDGMENT : 1. For the reasons stated in the application filed under Section 5 of the Limitation Act, delay of 61 days in filing the appeal is condoned. 2. Heard on merits. 3. This appeal has been filed against the order dated 1/3/2016 passed by the learned Principal District Judge, Belgavi, in Arbitration Suit No.11/2015 in the National Highway Authority of India Vs. Sri. Chandrakant S. Torgalmath, by which the learned Principal District Judge, has remanded the matter to the Arbitrator (Special Deputy Commissioner) with a direction to consider the matter afresh keeping in view the observation made by the learned Principal District Judge, within a period of two months from that day. 4. The operative portion of the Order passed under Section 34 of the Arbitration Act, 1996 is quoted below for ready reference:- “The suit under Section 34 of Arbitration and Conciliation Act, 1996 is partly decreed. The award dated 21/2/2015 passed by the arbitrator in No.RB/NHAI/LAQ/CR-10/Dombarkoppa, is hereby set aside in so far as item Nos. 8, 9, 10, 11, 13 to 17 of the chart at page No.11 of the award. The matter is remanded to the Arbitrator with a direction to consider the matter afresh keeping in view the observations made above, within a period of two months from today after giving proper opportunity to both the parties. No order as to costs.” 5. The learned Counsel for the Appellant-National Highway Authority of India Mr. Shivasai M. Patil has submitted before us that the similar arbitration suit came to be dismissed by the Principal District Judge, Belgavi, vide Annexure-C, order dated 21/8/2012 passed in Arbitration Case No.63/2011, between Shri. Shashidhar K. Torgalmath Vs. National Highway Authority of India. 6. After hearing the learned counsel for the appellant-National Highway Authority India, we are satisfied that the remand order passed by the learned Principal District Judge, Belgavi in the present case, which is impugned before us, does not require any interference by this Court, in the present appeal. 7. Since the matter is now pending before the Arbitrator & Deputy Commissioner, in pursuance of the remand order 1st passed by the learned Principal District Judge, on March 2016, the contentions as raised before us, can very well raised before the said Arbitrator himself. Therefore, giving the aforesaid liberty to the appellant-National Highway Authority, we dispose of the said appeal, without interfering the impugned order. 8. Therefore, giving the aforesaid liberty to the appellant-National Highway Authority, we dispose of the said appeal, without interfering the impugned order. 8. In view of the aforesaid order, IAs stand disposed of accordingly.