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2022 Supreme(J&K) 550

ALI MOHD. MAGREY
Union Territory of J&K – Appellant
Versus
Mirsons Constructions Pvt. Ltd. – Respondent


Advocates appeared:
M.A. Chashoo, AAG, for the Appellant; Sharik R. Jan, Advocate, for the Respondents

JUDGMENT

Ali Mohd. Magrey, J. - The instant application is filed by the applicants namely the Chief Engineer, PW(R&B) Department, Srinagar and Executive Engineer, PW(R&B) Department, Division, Budgam, seeking condonation of delay in filing the application under Section 34 read with Section 37 of the Arbitration and Conciliation Act, 1997, for setting aside the interim award dated 28.06.2018, for an amount of Rs. 203.00 lacs passed by the sole Arbitrator, Er. Mian Bashir Ahmad (Retired Chief Engineer).

2. Keeping in view the prayer made and relief sought in the application in a petition filed under Sections 34 and 37, Mr. M.A. Chashoo, learned AAG, appearing counsel for the applicants was asked as to under which provision of law the interim award is passed, enabling the applicants to seek its reversal under appropriate provision of law, submits that the interim award is passed under Section 31(6) of Arbitration and Conciliation Act, 1997, therefore, the application, seeking setting aside of the award be treated under Section 34 of the Arbitration and Conciliation Act, 1997. In view of the statement of Mr. M.A. Chashoo, learned AAG, the Court has now to decide the application by treati

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