JUDGMENT :

1. Union of India through Chief Engineer (P) Sampark is in appeal under Section 39 of J&K Arbitration Act, 2002 (1945 A.D.) [“the Act”] against the order and judgment of the Principal District Judge, Jammu [“the Court below”] dated 11.01.2014 passed in File No.42/Award titled M/s D Khosla and Company v. Chief Engineer (P) Sampark. The Court below vide its judgment dated 11.01.2014, impugned in this appeal, has dismissed the application of the Union of India filed under Section 30 and 33 of the Act for setting aside the arbitral award dated 04.01.2008 passed by Brig (Retd.) B.V. Ahuja, the sole arbitrator.

2. Before adverting to the grounds of challenge pleaded and urged by the appellant-Union of India to sustain challenge to the impugned order of the Court below, it would be necessary to allude to the background facts leading upto the filing of instant appeal.

Pursuant to an NIT issued by appellant for allotment of work of “Design and Construction of Permanent Bridge Over River Niara Tawi at 65.51 on Akhnoor-Poonch Road in J&K State under Project Sampark” the respond