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2005 Supreme(J&K) 128

S.K.GUPTA, S.N.JHA
Bawa Ram And Co. – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Advocate For Appellant: R.K. Gupta
Advocate For Respondent: Gagan Basotra

Per S. N. Jha, CJ:

1. This appeal under section 39 of the Jammu and Kashmir Arbitration Act, 2002 is directed against the judgment of a learned Single Judge of this Court dated 17th August, 2000 in Arbitration Application no.270/1991, rejecting the objections of the appellant to the award of the arbitrator and making the award rule of the Court. The facts of the case, briefly, are as follows.

2. The appellant entered into an agreement for construction of quarters/married accommodation for JCOs/Havs./Ors and Key personnel at Akhnoor. Dispute arose between the parties and the appellant filed a petition under section 20 of the Arbitration Act registered as AA no.360/1986 in this Court for reference of the dispute to the arbitrator. By order dated 15th July, 1988, as modified by order dated 22nd December, 1988, the competent authority, namely, Engineer-in-Chief, Army Headquarters was directed to appoint an arbitrator. Initially one Brigadier M. M. S. Parihar was appointed as arbitrator but he did not conclude the proceeding and resigned. Thereafter, on 7th February, 1991, the competent authority appointed Brigadier Y. W. Joshi as the sole arbitrator. The said arbitrator entered upon refe













































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