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2022 Supreme(J&K) 123

JAVED IQBAL WANI
Union of India – Appellant
Versus
Mohammad Yousuf Mir – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Nazir Ahmad Bhat, Advocate
For the Respondent:Mr. Manzoor Ahmad Dar, Advocate

ORDER :

Javed Iqbal Wani, J.-The appellant through the medium of the instant appeal filed under Section 37 of the J&K Arbitration & Conciliation Act, 1997 (for brevity ‘the Act’) has thrown challenge to the order dated 27.05.2015 (for brevity ‘impugned order’) passed by learned Principal District Judge, Srinagar (for brevity ‘court below’) passed in File No. 08/Arb. titled “Ab. Salam Mir vs. Union of India and others”.

2. It is pertinent to mention here that during the pendency of the appeal the original contractor/respondent herein, namely, Abdul Salam Mir died and consequently, his legal heirs came to be substituted as respondents 1 to 5.

3. Before adverting to the grounds of challenge, a brief description of the facts is summarized as under:-

    i) That upon issuance of a NIT by the Chief Engineer HQ 31 Zone, C/o 56 APO /appellant herein, a contract bearing No. CESZ-33/93-94 came to be awarded for provision of Security Wall, Fencing, Watch Towers and Security Lights at Khundru station to the contractor/ predecessor-in-interest of the respondents herein. Post issuance of letter o

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