Mansoor Ahmad Mir

1 .By the medium of this appeal, the appellant has invoked the jurisdiction of this Court, under Section 37 (1) (b) of the Arbitration and Conciliation Act, 1996for short, “the Act” and has questioned the judgment dated 15.6.2009, passed by the learned Single Judge of this Court in Arbitration Case No. 30 of 2007, whereby the objections filed by the respondent/Objector have been partly allowed, for short the “impugned judgment.”

2. Heard.

3. It appears that a tender notice was issued vide letter of intent (LOI) to the respondent on 26.12.2001 for executing certain works on turnkey basis of Cables, Cabling and Cable Trays, Package- IX, the details of which are given in the appeal as well as in the impugned judgment. Before the contract was concluded, a dispute arose in between the parties, constraining the appellant herein to file Civil Writ Petition No. 247 of 2002, which was found merit less and was dismissed by this Court on 23.7.2002. However, the petitioner was left to have recourse to appropriate remedy, as permissible under law.

4. The Writ Court has held that there was no concluded contract between the parties and it was cancelled at the very threshold