RAJESH DHAR Vs. CHIEF ENGINEER R AND B PUBLIC WORKS SRINAGAR
HIGH COURT OF JAMMU AND KASHMIR
CHIEF ENGINEER, R. AND B. PUBLIC WORKS, SRINAGAR
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(1.) Record of the case shows that work of construction of Nageen Club, Srinagar was allotted to the petitioner by the government and for that purposes agreement No. 126 dated 17-3-1983 was entered into between the parties.
(2.) Since dispute had arisen between the parties in relation to this agreement, therefore vide Govt. order No. 158-PW of 1990 dated 19-4-1990 Shri M.N. Durani, was appointed as Arbitrator to adjudicate the dispute which had arisen between the parties and make award within three months allowed in the said communication. After having entered upon reference and then after examining the records produced by the parties before him award was made on 24th March, 1995.
(3.) Award came to be filed in this Court and was received on 25/3/1995. vide order dated 31-3-1995 notice was ordered to be issued to the parties for filing objections if any to the Award. Objections under Secs. 30 and 33 of J and K Arbitration Act were presented on behalf of the State on 1-5-1995. According to the averments made in para No. 'a' thereof notice was received on 4-4-1995, as such those are within time. Prayer was made for setting aside the award by allowing objections. Reply to such objections was filed on behalf of the petitioner and it was pointed out that no case is made out for setting aside the award and consequently it was prayed, that while dismissing the objections filed on behalf of the respondents award passed by the Arbitrator be made rule of the Court.;
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