Extracted from the PDF above. The PDF is authoritative.
CR-3890-2025 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Sr. No.111
CR-3890-2025
Date of Decision: 07.07.2025
Hemant Yadav
.... Petitioner
Versus
Shashi Kanta and another
... Respondents
CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA
Present: Mr. Jagjot Singh Lalli, Advocate, for the petitioner.
Mr. K.S. Minhas, Advocate, with
Ms. Lobhpreet Kaur, Advocate, for respondent no.1.
TRIBHUVAN DAHIYA, J. (ORAL)
This revision petition has been filed for setting aside the order dated 31.01.2025, Annexure P-5, whereby the Civil Judge (Junior Division), Jalandhar, after recalling his order dated 03.09.2024 whereby he had framed the issues for consideration to challenge the arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, ‘the 1996 Act’), adjourned the matter for further consideration.
2.
Learned counsel for the petitioner contends, though the trial Court was not required to frame issues for deciding the petitioner’s objection petition under Section 34 of the 1996 Act, it should have frame the question of law and allowed the petitioner to file affidavit in support of the objections.
3.
Learned counsel for respondent no.1, on the contrary, contends that there is no need or requirement for the Court to do so, especially after 2019 amendment to the 1996 Act.
4.
Heard. MANINDER 2025.07.11 10:00 I attest to the accuracy and authenticity of this
order/judgment.
CR-3890-2025 2
5.
After considering the submissions made by learned counsel for the parties, this Court finds no ground to interfere with the impugned order. Section 34 of the 1996 Act clearly provides that an arbitral award may be set aside by the Court only after the party making the application establishes on the basis of record of the arbitral tribunal that any of the grounds mentioned therein has been violated. Accordingly, the grounds on which the arbitral award can be set aside have already been enumerated under Section 34. This Court has no doubt that the Civil Judge will proceed to decide the objection petition in accordance therewith and adjudicate the grounds arising for
consideration in the light of objections taken by the petitioner.
6.
In view thereof, the petition stands disposed of.
(TRIBHUVAN DAHIYA)
JUDGE
07.07.2025 Maninder
Whether speaking/reasoned : Yes/No
Whether reportable
: Yes/No
MANINDER 2025.07.11 10:00 I attest to the accuracy and authenticity of this
order/judgment.