FAO No.4306 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4306 of 2009 (O&M) Date of Decision: 12.5.2010 M/s A.P.Rice Mills Barnala ..Appellant. Vs. The Punjab State Co-operative Supply and Marketing Federation Limited and another ..Respondents. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Pardeep Goyal, Advocate for the appellant. Mrs.Sushma Chopra, Advocate for the respondents. RAKESH KUMAR JAIN, J. This appeal is directed against the order of Addl.District Judge, Sangrur dated 8.5.2009 whereby Objection filed by the appellant under Section 34 of the Arbitration and Conciliation Act, 1996 (for short `the Act') for setting aside the ex parte award dated Nil passed by defendant No.2 was dismissed on the ground of limitation. Notice of motion was issued, pursuant to which respondent No.1 has put in appearance. During the course of hearing, record of the Court below was also summoned. Counsel for the appellant has earnestly averred that not only the award has been passed ex parte against him but also he has been rendered without remedy on the ground that Objection has been filed after the expiry FAO No.4306 of 2009 (O&M) -2- of limitation. Therefore, the appellant could not put up his case at any stage whereas the Arbitrator has awarded Rs.50,53,606/- including interest @ 6% per annum upto June 2003 and further interest at the said rate till the date of recovery. During the course of hearing, counsel for the respondents has submitted that they would have no objection if the order of the learned Court below is set aside and the matter is remanded back to the said Court for deciding the Objections on merits. In view of the above statement, the appeal is allowed. The impugned order dated 8.5.2009 passed by Addl.District Judge, Sangrur is set aside and he is directed to decide the Objections filed by the appellant under Section 34 of the Act afresh on merits as early as possible preferably within a period of six months from the date of receipt of certified copy of this order. Both the parties are directed to appear before learned District Judge, Sangrur on 27.5.2010. (Rakesh Kumar Jain) 12.5.2010 Judge Meenu