GURDAS RAM & OTHERS Vs. SURJEET SINGH KHURANA

JUDGEMENT

(1.) This is an appeal under Section 39 of the Jammu and Kashmir Arbitration Act Svt. 2002 (1945 A. D) (hereinafter to be referred to as 'Arbitration Act').

(2.) Appellants are aggrieved by the judgment and decree passed by the Additional District Judge, Jammu who has rejected the objections filed by the appellants under Sections 30 and 33 of the Arbitration Act and made the award dated 31.05.2001 by Mr. Justice K. K. Gupta, former Judge of this Court as rule of the court vide judgment dated 30.10.2007. The facts which are not disputed by the parties are that an application under section 20 of the Arbitration Act was filed by the respondents including late Smt. Santosh Khurana in this court which was transferred to District Judge, Jammu who assigned it to the Additional District Judge, Jammu. The District Judge vide his order dated 08.12.1997 decided the application and with the consent of the parties appointed Mr. Justice K. K. Gupta a former Judge of this Court as sole Arbitrator.

(3.) Mr. Gupta, made the award on 31.05.2001 and filed the same in the court of Additional District Judge, Jammu, para 6 of the impugned judgment dated 30.10.2007 reads as under: