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1994 Supreme(J&K) 110

V.K.GUPTA
Om Prakash Nargotra – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Advocate For Appellant: Anil Mahajan
Advocate For Respondent: V.R. Reddy
Advocate For Respondent: P.S. Narsimha
Advocate For Respondent: S. Bhat
Advocate For Respondent: Ravinder Sharma

1. This is an application filed by the respondent, Union of India, and its functionaries under sections 30 & 33 of the Arbitration Act for setting aside an arbitration award dated 29.2.1992 passed by Col. M.P. Sikka, Deputy Chief Engineer Northern Command, the sole Arbitrator. Based on the Contents of the application and the reply filed thereto by the petitioner. Om Prakash Nargotra, the following issues were framed for trail vide the court order dated 28.10.1992:

(1) Whether the Arbitrator has misconducted himself and/or the proceedings, If so, what is its effect? OPP

(2) Whether there is any error apparent on the face of the award or the record and if so what is the consequence thereof? OPP

(3) Whether the award is otherwise invalid and deserves to be set aside? OPP

(4) Relief.

Affidavits on behalf of the parties, pursuant to the aforesaid order were filed by way of their evidence.

2. The respondents have challenged the award and sought its being set aside primarily on the ground of misconduct by the Arbitrator, coupled with the allegations that there are errors of law and fact apparent on the face of the award and the record. Another ground of challenge is based upon the invalidity o



















































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