STATE OF UTTARAKHAND Vs. MADHAV NAYAN

JUDGEMENT

(1.) Present appeal is preferred against the judgment and order dated 28.09.2007, passed in Misc. (Arbitration) Case No. 28 of 2005, Smt. Madhav Nayan Vs. Commissioner, by the court of District Judge, Tehri Garhwal (for short "the case"). The impugned judgment and order has been passed on an application filed by the respondent under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, "the Act") for setting aside the arbitral award dated 23.04.2005, passed by the sole Arbitrator. By the impugned judgment and order, the arbitral award has been set aside.

(2.) Facts necessary for the disposal of instant appeal, briefly stated, are as hereunder:-

(3.) The award was challenged under Section 34 of the Act by the respondent and by the impugned order the award has been canceled. Hence, the appeal.