MALIK GHULAM AHMAD Vs. J & K STATE FOREST CORPORATION

JUDGEMENT

(1.) Parties had referred their disputes to the arbitration and pursuant there to the award was published by the arbitrator. Notice of filing of the award was given to them on 7-8-1993. Petitioner filed his objections to the award on 30-8-1993 and in Para C whereof he alleged that "the arbitrator had misconducted and had failed to follow the provisions and the procedure relating to the arbitration and the award deserved to be set aside". In the prayer clause, however, he prayed that the amount awarded by the arbitrator may be released in his favour and the award be made a rule of the court to that extent.

(2.) Respondent also filed objections to the award under Sec. 30/33 of the Arbitration Act and sought its setting aside on the ground that the arbitrator has misconducted himself. The petitioner has now filed C.M.P. No: 182/ 94 seeking leave of the Court to withdraw his earlier objections filed by him on 30-8-1993. The respondent-corporation is vehemently resisting this on the plea that since the averment made by the petitioner in Para C of his objections filed on 30-8-1993 alleging misconduct constituted his admission within the meaning of Sec. 17 of the Evidence Act and, therefore, he could not be allowed to withdraw these objections and to pray that the award be made a rule of the Court now.

(3.) The short question that arises for determination is: Whether the averment made in Para C of the petitioner's earlier application, is in the nature of allegation or constitutes admission by him within the meaning of Sec. 17 of the Evidence Act to raise estoppel disabling him to withdraw his objections and to pray for making the award a rule of the Court.