Court No. - 59
Case :- FIRST APPEAL FROM ORDER No. - 1502 of 2019 Appellant :- Ram Narayan Respondent :- Additional General Manager And 2 Others Counsel for Appellant :- Dharmendra Pratap Singh Chauhan,Shesh Kumar Srivastava Counsel for Respondent :- Rajnish Kumar Rai,Arnab Banerji,Rajnish Kumar Rai
Hon'ble Saumitra Dayal Singh,J.
1. Rejoinder affidavit has been filed today. Taken on record.
2. Heard Sri Shesh Kumar Srivastava, learned counsel for the appellant and Sri Arnab Banerji, learned counsel for the respondent.
3. The present appeal has been filed by the claimant under Section 37 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') against the order passed by the learned District Judge, Ramabai Nagar (Kanpur Dehat) dated 12.2.2019 in Arbitration Case No. 65/74/2018. By that order, the learned District Judge had rejected the objections filed on paper no. 6-C, by the appellant/claimant, under Section 34 of the Act with reference to the award dated 12.11.2016 passed by Arbitrator/Commissioner, Kanpur Division, Kanpur, appointed under Section 20-F(6) of the Railways Act, 1989 (hereinafter referred to as the 'Railways Act'). That award itself has arisen on account of the appellant/claimant being dissatisfied to the award of the compensation paid to him by the Additional General Manager (Land Acquisition)/Competent Authority of the Railways dated 5.9.2011, referable to Section 20-F(2) of the Railways Act.
4. It has been agreed between the parties that the facts of present case are exactly the same as are those in First Appeal From Order No. 1501 of 2019 (Raj Narayan and 3 others Vs. Additional General Manager and 2 others), which has been allowed today i.e. on 22.8.2019.
5. For the same reasoning and on the same terms, the present appeal is also allowed.
Order Date :- 22.8.2019 Prakhar