UNION OF INDIA Vs. MOHINDER SINGH

JUDGEMENT

(1.) FOR providing fencing to certain installations at Nagrota, a Contract Agreement No. GE (P)-18/1922-93 was entered into with the claimant on 18th August, 1992. The date of completion of the said work was fixed as 26th February, 1993. The contract was completed in the year, 1997, for which claimant had sought release of payment. The petitioners refuted the claim of the claimant indicating that certain works had yet to be completed. The dispute was raised by claimant in this behalf and the matter was sought to be referred to the Arbitrator by invoking condition 70 of IAFW-2249, forming part of the contract.

(2.) ON a reference being made, the Chief Engineer, Udhampur Zone was appointed as Arbitrator, who entered into reference on 28- 1-2006. After calling upon the parties and perusing the record, he passed the award in favour of the claimant. This award has been questioned by the present petitioner in this Court under Section 34 of the Jammu and Kashmir Arbitration and Conciliation Act of 1997 (hereinafter referred to as the Act).

(3.) I have heard learned counsel for the parties and perused the record.