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2018 Supreme(J&K) 30

SANJEEV KUMAR
Union of India – Appellant
Versus
Roman Tarmat Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mrs. Sindhu Sharma, ASGI.
For the Respondent:Mr. R.K.Gupta, Sr. Advocate with Mr.Javed Iqbal, Advocate.

JUDGMENT :

1. The power of superintendence of this Court vested in terms of Section 104 of the Constitution of Jammu & Kashmir is invoked by the petitioners to assail the order dated 12.03.2018 passed by the Additional District Judge, Jammu (hereinafter to be referred as “the trial Court”) whereby two applications, one seeking dismissal of the execution petition and another seeking modification of order dated 11.12.2017, have been rejected.

2. The background facts necessary for disposal of this petition are that in view of the disputes having arisen between the petitioners and respondent No.1 with respect to contract awarded to respondent No.1 vide CA No.CEAFU-09/2012-13, with the intervention of this Court under Section 11 of the Jammu & Kashmir Arbitration and Conciliation Act, 1997 (hereinafter referred to as “the Act”), Shri A.S.Wazir, Retired Chief Engineer respondent No.2 herein, was appointed as sole arbitrator. Respondent No.2 delivered his award on 20.02.2016.

3. Aggrieved, the petitioners challenged the award of the sole arbitrator aforesaid under Section 34 of the Act in the Court of Principal District Judge, Srinagar. An application in this regard was filed on 19.05.2016 w










































































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