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2021 Supreme(J&K) 307

TASHI RABSTAN
Administrator Auqaf Islamia Wakaf – Appellant
Versus
R. S. Construction Engineers – Respondent


Advocates Appeared:
For the Appellant : Mr. Virender Bhat.
For the Respondent:Mr. R.K. Gupta, Sr. Advocate with Mr. Jugal Kishore Gupta, and Mr. Udhay Bhasker.

JUDGMENT :

1. This appeal, filed by the Administrator Auqaf Islamia Wakaf, is directed against the order dated 09.01.2019 passed by the Additional District Judge, Jammu in File No.11/Misc, whereby the application filed by the appellant under Section 34 of J&K Arbitration and Conciliation Act, 1997 came to be dismissed holding that the arbitrator has given sufficient and cogent reasons for disallowing the claims raised by the appellant herein and allowing only one claim on account of mobilization advance. Thus, all the objections raised by the appellant herein came to be rejected.

2. The facts-in-short, as gathered from the appeal file, are that Notice Inviting Tender bearing No.1184-98/AQ dated 21.07.1998 was issued by the Administrator Auqaf, Jammu inviting sealed tenders from the eligible contractors for the construction of Haj House Complex at Rail Head Complex, Jammu. Tender of M/s. R.S. Construction Engineers, respondent No.1 herein, came to be found lowest, thus approval for allotment of contract was granted to it by the appellant herein for an amount of Rs.3,77,58,698/- vide Govt. Order No.Rev/Haj and Auqaf-6/85 dated 18.01.1999. Thereafter contract came to be allotted to resp

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