1. This is an application under Order 9 Rule 13 read with Sec. 115 (sic) of the Code of Civil Procedure and S. 41 of the J&K Arbitration Act, for setting aside the judgment and decree dated 31.7.2001 passed by this Court in A. A. No. 54/ 1999.

2. A preliminary objection has been taken to the maintainability of the application on the ground that the judgment and decree sought to be set aside through this application by the respondent-State is the judgment and decree passed on merits of the case and therefore, the present application does not lie. It will be necessary to refer to the facts, which may be set out briefly as follows:

3. The petitioner-company was allotted a contract for supply and installation of mechanical/electrical equipment at Brarinamt, Srinagar. The agreement executed between the parties contained an arbitration clause. Disputes arose between the parties and the same were referred for adjudication through arbitration to the arbitrator. The arbitrator entered upon the reference and made and published his award on 2.12.1999. The award was filed in the court by the Arbitrator for

making the same rule of the Court. This Court issued notice t

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