STATE OF J&K & ORS Vs. KEWAL KRISHAN GANDOTRA

JUDGEMENT

(1.) The above noted seventeen appeals are filed under Section 39 of the J&K Arbitration Act, 2002 (1945 A. IX) (hereinafter called the Act) against the order passed by learned Single Judge of this Court on November 18, 1987 in the seventeen petitions filed by the respondent under Section 20 of We Act file appellants herein have assailed the orders of references made in Arbitration Application Nos. 470 to 486 of l987 on various guru acts including therein that the references made under the impugned orders are based on no agreement or an arbitration clause, which is a sine-guanon for orders on applications under Section 20 of the Act (It is also alleged that the Government Advocate on the very day, when he accepted a notice was invalid and without any specific instructions from the appellants. Moreover, the said concession cannot endure for giving jurisdiction to the Court for directions to produce the agreement containing the arbitration clause for referring the dispute to arbitration. It is also submitted that the learned Single Judge without any application under Section 8 of the allegation that, the post of Chief Engineer, Leh has been abolished. Even if for the sake of arguments there was any concession, the appointment of independent Arbitrator could not be done unless the circumstances shown in Section 20 of the Act exist, In the orders, impugned, there is no such satisfaction recorded nor the learned Stogie Judge .satisfied himself as to the existence of any dispute based on after (arbitration clause.)

(2.) At the time when the appeals were admitted, Mr, Permod Kohji appeared on the Caveat and in his presence the appeals were admitted for hearing.

(3.) Learned counsel for the respondent at the out set attacked the maintainability of the appeals on the Aground that these do not fall within the ambit of any of the Act and secondly, because the orders impugned were passed with the consent of the parties and hence no appeal lay against such an order.