Shri Sudhanshu Dwivedi, counsel for appellant.

Shri Nitin Pandit, counsel for respondent.

Heard.

The appellant, Sahara India, has filed this appeal against the order dated 12.11.2009 passed by the District Forum, Dhar in complaint case No. 133/08.

Learned counsel for the appellant submits that at initial stage of the complaint, the appellant had also applied for arbitration proceeding.  The matter was  referred to arbitration as per terms of agreement between the parties.  However, during pendency of the proceedings of the complaint before the District Forum, a final award has been passed by the sole arbitrator on 28.4.2009.  On passing the award, the appellant moved the District Forum for dropping the complaint filed by the respondent.  However, the District Forum  by observing that the provisions of resjudicata would not apply in this matter, dismissed the application.

Counsel for appellant submits that since the matter involved in the complaint has been disposed of/decided by the sole arbitrator, the complaint before the District Forum has become infructuous.

Learned counsel for respondent submitted that earlier this Commission by order dated 18.3.2009 observed that since  the proceedings before the District Forum had been initiated, it would not militate its continuance merely because jurisdiction of arbitrator has been invoked.

It is true that the proceedings before the District Forum are in addition  and not in derogation of any other law, but if the arbitration proceedings in which dispute could have been decided has already been concluded and the matter has been disposed of by such forum/ arbitration, the proceedings before the District Forum would be rendered redundant.  The orders passed by the Arbitrator since have the force of law, in our opinion, the proceeding of the complaint before the District Forum has been rendered redundant.

For the aforesaid reasons, this appeal is allowed.  The impugned order passed by the District Forum is set aside and the proceedings of the complaint case No.133/08, pending before the District Forum, Dhar, are ordered to be dropped for having been rendered infructuous.