VISHNU KUMAR GUPTA, BUILDERS AND ENGINEERS Vs. UNION OF INDIA
HIGH COURT OF JAMMU AND KASHMIR
Vishnu Kumar Gupta, Builders And Engineers
UNION OF INDIA
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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
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.;
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