JUDGMENT :

A. AA No.12/2021

1. The instant appeal has been preferred by the appellants under Section 37 of the Arbitration and Conciliation Act, 1997 (hereinafter referred to as "the Act") against the order dated 15.02.2021 passed by the learned 1st Additional District Judge, Jammu in a petition filed under Section 34 of the Arbitration and Conciliation Act, 1997. Learned 1st Additional District Judge while dismissing the said petition of appellants herein held that the Chief Engineer, who was a party to the arbitration agreement and arbitration proceedings before the arbitrator, did not file the petition under Section 34 of the Arbitration & Conciliation Act, rather the same came to be filed by the Garrison Engineer, who was not a party to the arbitration agreement, as such the Garrison Engineer being an outsider cannot step into the shoes of the Chief Engineer and challenge the arbitral award.

2. The facts, as gathered from the appeal file, are that the respondent-contractor being the successful bidder was allotted a contract for construction of storage sheds and connected works including storage facility at Nagrota. A contract agreement to this effect was executed between the Union