SURENDER KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) One Ved Parkash Sharma was an Army Contractor and he got a contract for supply of meat dressed at Narian vide CD No. 29 of 1973-74 for the period from 3-5-1973 to 31-3-1974. It is contended by the petitioner that Contractor fell ill and despite his illness, Contractor managed the supplies but the Contract Operating Officer mala fidely and improperly started rejection of animals produced by Contractor just to harm him.

(2.) The dispute seems to have arisen between the parties, as a result of which an application under Section 20 of the Arbitration Act was filed in this Court and ultimately one Major General A. M. Sethna was appointed as an Arbitrator, who passed the award against the Contractor. Being aggrieved of the said award, said Contractor filed an application under Sections 30 and 33 of the J. & K. Arbitration Act, 2002 for setting aside the award. It was contended that the said Arbitrator has not passed the award regarding the items of claims referred to him on the application of the Contractor.

(3.) Learned Single Judge of this Court vide its order dated 11-3-1987 set aside the award. An appeal being CIA No. 33/87 came to be preferred by the Union of India against the order of the learned Single Judge. During the pendency of said CIA, Contractor-Ved Parkash died and Union of India filed an application for bringing on record S/Sh. Suresh Kumar Sharma and Surender Sharma as his legal representatives. Said CIA came to be disposed of ex parte vide Order dated 23-2-2000 upholding the order passed by the learned Single Judge. However, a direction was issued to appoint a fresh Arbitrator to adjudicate upon the claims as put across by the appellant as well as the Contractor.