FAO No.2707 of 2009 (O&M) -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH FAO No.2707 of 2009 (O&M) Date of decision : 12.3.2010 Navneet Sharma and another ..Appellants. Vs. M/s Saraswati Finance Exchange and another ..Respondents. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.Anil Kshetarpal, Advocate for the appellants. Mr.Saurabh Bajaj, Advocate for respondent No.1. RAKESH KUMAR JAIN, J. Challenge in this appeal is to the order passed by the District Judge, Yamuna Nagar at Jagadhari dated 8.4.2009 by which an application under Section 34 of the Arbitration and Conciliation Act, 1996 (for short `the Act') filed by the appellant has been dismissed. Learned counsel for the appellant has, inter alia, argued that the learned Court below has not followed Rules, namely, Punjab, Haryana and UT Chandigarh Arbitration and Conciliation Rules, 2003 as no opportunity was given to the appellant to prove his case by way of evidence. During the course of hearing, counsel for the respondent after consulting his client who is present in the Court stated at the bar that the impugned order be set aside and the matter be remanded back to the District Judge, Yamuna Nagar at Jagadhari to decide the lis between the parties after taking reply from the respondents and providing opportunity to both the FAO No.2707 of 2009 (O&M) -2- parties to lead evidence. This satisfies the counsel for the appellant. In view of the above arrangement, impugned order dated 8.4.2009 is hereby set aside. The case is remanded back to the Court of learned District Judge, Yamuna Nagar at Jagadhari to decide it after providing opportunity to the respondent to file his reply, framing issues and allowing the parties to lead their evidence in accordance with law. The parties are directed to appear before the District Judge, Yamuna Nagar at Jagadhari on 25.3.2010. On the request of counsel for the parties, learned District Judge, Yamuna Nagar at Jagadhari is also directed to decide the dispute between the parties expeditiously preferably within a period of six months from today. The appeal stands disposed of. (RAKESH KUMAR JAIN) 12.3.2010 JUDGE Meenu