G M PAMPORI Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) This letters patent appeal is against the order dated 6-9-2000 vide which a learned single Judge has admitted appeal NO. 52/2000 in which the respondents herein have challenged the judgment and decree passed in terms of the award filed by the arbitrator appointed under the Jammu and Kashmir Arbitration Act, 1945.

(2.) The appellant instituted a suit for recovery of Rs. 12,11,548/- against the respondents in December 1994 which was transferred to the file District Judge, Srinagar vide this Court order dated July17, 1995. The District Judge vide order dated 8-4-1996 appointed the Director, Agriculture, Kashmir, as the sole arbitrator for the resolution of the dispute. The award was made rule of the Court vide judgment and decree dated 4-5-2000 passed by the District Judge.

(3.) Respondent-State and other functionaries who were defendants in the suit challenged the judgment and decree dated 4-5-2000 passed by the District Judge by filing the aforesaid civil first appeal. The appellant herein resisted the maintainability of the appeal on the ground (i) that it is barred u/S. 17 of the Arbitration Act and (ii) that it being a consent decree, the appeal is not maintainable u/s 96 of the CPC. The learned single Judge rejected all these objections and admitted the appeal to hearing by the impugned order.