ENGINEERING BUILDER AND ASSOCIATES Vs. UNION OF INDIA

JUDGEMENT

(1.) LEAVE granted.

(2.) THESE are appeals by way of Special Leave under Article 136 of the Constitution against the order dated 30.03.2010 of the High Court of Jammu and Kashmir in CIMA No.91 of 2010 with CMP No.125 of 2010 with Caveat No. 1259 of 2009 (reported in 2010 AIHC 2355).

(3.) THE respondents then filed an Arbitration Application No.8 of 2008 under Section 34 of the Jammu and Kashmir Arbitration and Conciliation Act, 1997 (for short 'the Act of 1997 ') before the High Court of Jammu and Kashmir for setting aside the award. The learned single Judge of the High Court dismissed the application by order dated 07.12.2009 saying that the application for setting aside the award ought to have been filed under the Jammu and Kashmir Arbitration Act of the year 1945 (for short 'the Act of 1945 '). The respondents carried an appeal before the Division Bench of the High Court which was registered as CIMA No.91 of 2010 and by the impugned order dated 30.03.2010 passed in the said appeal, the Division Bench of the High Court held that the learned single Judge was right in coming to the conclusion that the Act of 1945 was applicable to the facts of the present case in view of the provisions of Section 68 of the Act of 1997. The Division Bench of the High Court, therefore, refused to interfere with the order passed by the learned single Judge, but observed that it shall be open to the respondents to take such steps as are required to be taken under Sections 30 and 33 of the Act of 1945 in relation to the award, and if so advised, to file an application for condonation of delay. The appellant is aggrieved by this observation of the High Court that it will be open to the respondents to file an application under Sections 30 and 33 of the Act of 1945 along with an application for condonation of delay and has, therefore, filed this appeal.