IRCON INTERNATIONAL LIMITED Vs. UNION TERRITORY OF J&K
HIGH COURT OF JAMMU AND KASHMIR
IRCON INTERNATIONAL LIMITED
Union Territory Of JAndK
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SANJEEV KUMAR,J. -
(1.)This arbitration appeal purportedly filed under Section 37(2)(b) of the J&K Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) is directed against a composite order dated 08.10.2019 passed by the Arbitral Tribunal comprising of Honble Justice (Retd.) F.M.Ibrahim Kalifulla, Honble Justice (Retd.) Kurian Joseph and Honble Justice (Retd.) Mansoor Ahmed Mir in Arbitration cases No.4-A, 4-B and 4-C of 2019, all titled as M/s Ircon International Limited v. State of Jammu and Kashmir and others. The challenge to the order impugned by the appellant is only to the extent it defers the consideration of applications filed by the appellant purportedly under Section 17 of the Act seeking a direction to the respondents to release undisputed amount/payments in reference to the three works which are subject matter of aforementioned three arbitration cases.
(2.)Without alluding to the nature of dispute, claims and counter claims filed by the parties, it would be appropriate to advert to only a few facts, which are relevant for the disposal of this appeal.
(3.)Pursuant to three e-NITs floated by the Chief Engineer (Planning and Design), JKPDD for design, supply, test, transport, survey, construction, erection, testing and commissioning of 66/11 KV, 33/11KV sub-transmission sub-station, augmentation of existing sub- transmission sub-station lines, etc., the petitioner submitted its bids and being eligible participated in the bidding process. Being successful bidder in regard to all the contracts, the appellant was issued the letter of allotment followed by execution of three separate agreements. During the execution of works, there arose certain disputes between the parties. The dispute resolution mechanism envisaged under the contract having failed to achieve settlement of the disputes, the appellant filed three applications AP Nos.02, 03 and 04 of 2019 in terms of Section 11 of the Act and sought intervention of this Court for appointment of an independent Arbitral Tribunal to adjudicate the disputes arising between the parties. These three applications were disposed of by a Judge of this Court (Justice Dhiraj Singh Thakur) and Arbitral Tribunal, as noted above, was constituted to resolve the disputes between the parties. As is apparent from the interim orders passed by the Arbitral Tribunal from time to time, the parties appeared before the Arbitral Tribunal and filed their claims and counter claims along with relevant supporting documents.
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