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2023 Supreme(J&K) 586

SANJAY DHAR
Mohammad Yousuf Bhat – Appellant
Versus
Haji Abdul Ahad Bhat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. J. H. Reshi, Adv.
For the Respondent: Mr. Ishfaq Muzamil Nehvi, Adv.

JUDGMENT :

1. The present appeal under Section 37 the Arbitration and Conciliation Act, 1996, is directed against judgment dated 16.04.2022 passed by the learned Additional District Judge (Bank Cases), Srinagar, whereby petition filed by the respondents under Section 34 of the Arbitration and Conciliation Act for setting aside award dated 14.11.2019 passed by the Arbitral Tribunal, has been allowed and the Arbitration award has been set aside.

2. Briefly stated, the facts emerging from the record of the case are that the appellant had filed a petition seeking appointment of an Arbitrator before this Court and vide order dated 04.11.2013, the petition was allowed and Shri Rashid Ahmad Lone, retired District & Sessions Judge, was appointed as Arbitrator to arbitrate between the appellant and the respondents relating to the disputes involved in the petition and to file the award within three months.

3. Pursuant to the aforesaid order passed by this Court, the learned Arbitrator entered into reference and thereafter proceeded to pass the award dated 04.11.2019, which came to be challenged by the respondents by filing a petition under Section 34 of the Arbitration and Conciliation Act befo

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