- (1.) P. C. Verma, J. Both the above Appeals From Or ders, U/s 37 of Arbitration and Concili ation Act, 1996, have been preferred by the State of Uttaranchal, against the judgment and order dated 1/-3-2001, passed by Civil Judge (Senior Division), Dehradun in Misc. Case No. 165/1999 (Original Suit No. 851/1999), whereby the award of the Arbitrator has been made Rule of the Court.
(2.) AS both the appeals emerge out from the same judgment and order, hence are being decided by this common judgment. Brief facts of the case, as emerge out from the record, are that the State Government filed a Misc. Case No. 165/ 1999 for setting aside the award of the Arbitrator dated 10-/-1999, on the ground that there was an agreement be tween U. P Government and Jai Prakash Industry with regard to the construction of a Dam in which there was some dis pute pertaining to the sales tax between the Department and the Contractor and for resolving this dispute one Sri S. B. L. Kackkar was appointed as an Arbitrator who after hearing both the parties directed the Department to pay the sales tax Rs. 6,15,146=71. The Department filed ob jection by way of the Misc. Case and sought the relief that the award dated 10-/-1999 passed by the Arbitrator be set aside. The respondents filed their objection and took the plea that on the ground taken by the Department the award of the Arbitrator cannot be set aside. It has also been pleaded that the objection has been raised by the Department after the expiry of 30 days. It is also pleaded that a new plea has been raised by the Department which was not put up before the Arbitra tor. Therefore, this plea raised in the ob jection by the Department cannot be taken into consideration. The learned Civil Judge (Senior Division) dismissed the objection raised by the Department against the award dated 10-/-1999 and accordingly made the award dated 10-7-1999 as Rule of the Court, vide judgment and order dated 17-3-2001.
(3.) FEELING aggrieved by the aforesaid judgment and order, these appeals have been preferred by the State of Uttaranchal. Heard learned counsel for the parties and perused the record.;