VISHNU KUMAR GUPTA, BUILDERS AND ENGINEERS Vs. UNION OF INDIA
LAWS(J&K)-1999-2-13
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 01,1999

Vishnu Kumar Gupta, Builders And Engineers Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

ARUN KUMAR GOEL, J. - (1.) IN this case after filing of the award by the Arbitrator made and published by him on 24 -7 -1991 objections have been filed on behalf of the respondents under Sections 30 and 33 of the Arbitration Act on 31 -10 -1991. When pleadings were complete on 27 -4 -1994 court framed the following issues : "(i) Whether the arbitrator has mis -conducted himself or the proceedings and the award is liable to be set aside ? O.P. Union. (ii) Whether the award is liable to be set aside on any other ground ? O.P. Union. (iii) Relief -
(2.) ORDER passed by the court while framing issues is reproduced which is to the following effect : " *** *** *** *** Respondent will now adduce evidence in the shape of affidavits within two months from now with advance copy to learned counsel for the petitioner who shall have two weeks thereafter to file any reply affidavits. Process for hearing thereafter."
(3.) A perusal of the aforesaid order indicates that two months time was allowed to the objector -respondent to adduce evidence in the shape of affidavits. Record of the case further shows that matter remained pending for one reason or the other, however, fact remains that affidavits were not filed. Again matter appeared before the court on 25 -11 -1998. Order passed on that date is to the following affect : "This case has been taken up on a mention memo filed on behalf of the petitioner today. Record of the file shows that issues were framed as far back as on 27th April, 1994. It is going to be more than 4 1/2 years yet affidavits have not been filed by way of evidence in terms of the orders of court. At the request of Shri Slathia another opportunity is allowed to objector -respondents to now file affidavit(s) on or before 29th December, 1998. This case will be listed before the court on 30th December, 1998, for further orders. C.M.P. stands disposed of." When case was listed on 30 -11 -1998 position remained the same, still another opportunity was granted to the objector -respondent for doing the needful.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.