Disputes arising out of the Contract allotted to Mohd. Din. by the Jammu and Kashmir State Government, in respect of Improvement and Development of formation widening Batote - Kishtwar NIHP by way of earth work and walling in­cluding construction of breast walls parapets and V shape drain in Km. 14/980-46/350 Khelani zigs were referred to the sole Arbi­tration of the Chief Engineer, PWD (R & B), Jammu, in terms of the Contract Agreement between the parties.

2. Aggrieved by the conduct of the Arbi­trator, Mohd. Din approached this Court by his Arbitration Application No. 34/98 seek­ing the removal of the Arbitrator and ap­pointment of another Arbitrator in his place.

3. His plea was allowed by the Court, and vide order dated 16-8-2000. Sh. A. N. Saraf, Retired District and Sessions Judge was ap­pointed Arbitrator to adjudicate upon the dis­putes between the parties.

4. Sh. Saraf entered upon the Reference, who on finding that the Chief Engineer and other functionaries of the State Government were not co-operating with the arbitration proceedings proceeded to adjudicate the dis­putes referred to him, setting the State ex-parte.

5. After the State was set ex parte. Mohd.