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2017 Supreme(Raj) 998

GOVERDHAN BARDHAR
State of Rajasthan through Chief Engineer, Public Health and Engineering Department Jodhpur – Appellant
Versus
Gopal Ram Gumani Ram – Respondent


Advocates Appeared:
For the Petitioner:Mr. Dinesh Ojha, Advocate.
For the Respondent:Mr. Pradeep Choudhary, Advocate.

JUDGMENT :

Goverdhan Bardhar, J.

This appeal is filed by the State of Rajasthan under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act of 1996') challenging the judgment dated 21.05.2015 passed by the District Judge, Jodhpur Metropolitan in Civil Misc. Case No. 50/2010 whereby, the learned court rejected the application of appellants filed under Section 34 of the Act of 1996 for quashing the arbitral award dated 15.07.2010.

2. Briefly stated the facts of the case are that the respondent contractor M/s Gopal Ram Gumani (hereinafter referred to as 'respondent contractor') was granted work order for work of PCC Block lining vide order passed by the Executive Engineer on 24.10.1989 and agreement was executed in this regard. Since there was an arbitration clause in the contract for resolution of dispute, if any, therefore, when dispute arose between the parties, the respondent contractor preferred an application for appointment of arbitrator on 16.03.2000 and also moved to the High Court under Clause 23 of the agreement for appointment of arbitrator and this Court vide order dated 08.01.2008 appointed Shri M.C. Mehta as an arbitrator.

3. The resp













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