IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.693 of 2009 M/S ALISHAN CONSTRUCTION THROUGH ITS PROP. AMRITESH KR.ROY presently having office and residence at sokhara P.O.Barauni, P.S. Phulwaria, District Begusarai … … Petitioner Versus 1. THE UNION OF INDIA through its General Manager, E.c.Railway, Hajipur, District Vaishali 2. The Sr.DivisionalEngineer,E.C.Railway, Sonpur, District Saran … … Opp. Parties (First Set) 3. Mr. Justice R.N.Lal(Rtd.) sole presiding Arbitrator, Kadam Kuan, P.S. Kadam Kuan, District Patna … … Opp. Party 2nd Set For the petitioner: Shri Nand Kishroe Singh ----------- 2. 12.5.2009 After having heard Shri Nand Kishore Singh, learned counsel for the petitioner I was desirous of hearing the opposite parties but I find that the petition dated 19.5.2008 is still pending in the court below and it has not been disposed of finally so as to finally affecting the rights of the parties to the proceeding. The court below has mentioned in the operative part of its order that the petition was pre-mature and hence was disposed of as pre-mature. Thus, the right of the parties is still alive before the court below to raise the question of limitation and finally merit of the award also in the light of settled principles of 2 law. I direct the court below to take up the hearing of the petition, if at all it is pending or if at all any fresh petition is filed before it under the appropriate provision of Arbitration and Conciliation Act of 1996, without delay and as early as possible, preferably within three months from the date of filing of the petition. This petition is accordingly disposed of. Kanth ( Dharnidhar Jha, J.)