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2009 Supreme(J&K) 436

J.P.SINGH
Union Of India – Appellant
Versus
Beant Singh & Sons – Respondent


Advocates Appeared:
Advocate For Appellant: S.A. Makroo
Advocate For Respondent: H.S. Oberoi

1. Aggrieved by the dismissal of its application seeking framing of issues on Application filed under Section 34 of the Jammu and Kashmir Arbitration and Conciliation Act, 1997, by the learned Additional District Judge, Srinagar, the Union of India and its functionaries have filed this Civil Revision seeking setting aside of the Additional District Judges order and framing of issues in the case.

2. Mr. S.A.Makroo, learned counsel for the petitioners submits that the petitioners plea of Arbitrators misconduct in dealing with the technical issues involved in the case, when he did not possess requisite technical know-how, cannot be considered, unless issue to that effect had been raised by the Court and the order passed by the trial Court refusing framing of issues was, therefore, erroneous which needs to be set aside.

3. Respondents learned counsel, Mr. H.S.Oberoi, on the other hand submitted that having opted not to press for raising of issues in the case for three long years in seeking adjournments to argue the application on the existing material, the petitioners were estopped from seeking framing of issues at this belated stage of the proceedings when the framing of issues in the c







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