FAO No.1145 of 2010 - 1 - ***** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1145 of 2010 (O&M) Date of decision:18.08.2010. District Food & Supplies Controller, Ferozepur. ...Appellant Versus M/s Bajaj Industries Jalalabad (West), District Ferozepur and another. ...Respondents. CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. R.L.Gupta, Addl. Advocate General, Punjab, for the appellant. Mr. Mrigank Sharma, Advocate, for Mr. Manohar Lal Chugh, Advocate, for respondent No.1. ***** RAKESH KUMAR JAIN, J (ORAL) This appeal is directed against order of the learned District Judge, Ferozepur dated 05.08.2009 by which objection filed by the appellant under Section 34 of the Arbitration & Conciliation Act, 1996 [for short “the Act”] against the arbitral award dated 27.04.2000, has been dismissed inter alia on the ground of limitation. In brief, the facts of the case are that the Arbitrator passed his award on 27.04.2000 which was challenged by the appellant before the Civil Judge (Senior Division), Ferozepur on 04.08.2000. The said petition was dismissed by the learned Civil FAO No.1145 of 2010 - 2 - ***** Judge (Senior Division), Ferozepur vide order dated 10.09.2003 against which the appellant preferred an appeal under Section 37 of the Act before the learned Additional District Judge, Fast Track Court, Ferozepur which was allowed on 10.02.2005 by observing that the Civil Judge (Senior Division), Ferozepur had no jurisdiction to entertain the petition under Section 34 of the Act as the Court defined under Section 2(e) of the Act is the Principal Court and the Principal Court as per the Punjab Courts Act is the Court of District Judge. The said petition was returned by the Court of Civil Judge (Senior Division), Ferozepur on 26.02.2005. Then the objection petition was preferred in the Court of learned District Judge, Ferozepur on 28.02.2005. The learned District Judge dismissed the objection petition on the ground that the provisions of Limitation Act, 1963 (for short “Act of 1963”] are not applicable in the proceedings carried out under the provisions of the Act. Learned counsel for the respondents has very fairly submitted that if the period spent in the wrong forum by the appellant is deducted, then the objection petition under Section 34 of the Act would be within limitation. It is needless to say that the provisions of Section 14 of the Act of 1963 are applicable to the proceedings carried out in terms of the provisions of the Act, therefore, while deducting the period spent by the appellant in the wrong forum i.e. Civil Judge (Senior Division), Ferozepur, the objection filed under Section 34 of the Act is within limitation. FAO No.1145 of 2010 - 3 - ***** In view thereof, the impugned order dated 05.08.2009 is hereby set aside and the matter is remanded back to the Court of learned District Judge, Ferozepur to decide the objection under Section 34 of the Act afresh without being influenced by the findings already recorded by him on issue No.1. The parties, through their learned counsels, are directed to appear before the learned District Judge, Ferozepur on 15.09.2010. August 18, 2010. (RAKESH KUMAR JAIN) vinod* JUDGE