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2017 Supreme(Online)(J&K) 12

IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
ALOK ARADHE, J
Government of J. and K. v. M/s. Hindustan Construction Company Ltd and Others


Table of Content
1. factual background of the arbitration case. (Para 1 , 2 , 3 , 4 , 5)
2. appellant's objections to the tribunal's award. (Para 6 , 9)
3. court's observations on the arbitration process. (Para 7 , 8 , 10)
4. court's analysis on legal and contractual obligations. (Para 11 , 12 , 13 , 15)
5. conclusion to remand the case for fresh decision. (Para 18)

1. In this appeal preferred under S.37 of the Jammu and Kashmir Arbitration and Conciliation Act, 1997 (herein - after referred to as 'the Act'), the appellant has assailed the validity of order dated 2-4-2016 passed by the trial Court by which the application preferred by the appellant under S.34 of the Act has been rejected and the award passed by the Arbitral Tribunal dated 28-12-2014 has been modified insofar as it pertains to grant of interest for the post award period to 6%. In order to appreciate the appellant's challenge to the impugned award, few facts need mention which are stated infra:

2. The appellant issued Notice Inviting Tenders (NIT) on 15-3-2005 by which Tenders were invited for grant of contract for construction of Mughal Road from Bafliaz, District Poonch to Shopian (Pulwama) in the State of Jammu and Kas




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