CHIEF ENGINEER Vs. K.K. CHIBBER

JUDGEMENT

(1.) This appeal was filed under section 37 of The Jammu and Kashmir Arbitration and Conciliation Act, 1997 (since repealed) hereinafter referred to as 'The Act'. The appellants have challenged the dismissal of the application filed under section 34 of the Act challenging the award dated 11.12.2012 made by Mr. Justice B.A. Khan (retired Chief Justice of Jammu and Kashmir High Court) the sole Arbitrator appointed by the then Chief Justice of Punjab and Haryana High Court vide order dated 16.04.2007.

(2.) The brief facts necessary to appreciate the controversy are as under:

(3.) In the objections filed by the respondents, it has been specifically pleaded that the award having been passed by the sole arbitrator on a reference being made by the Punjab and Haryana High Court on the proceedings instituted under section 11(5) of The Arbitration and conciliation Act, 1996 all the subsequent proceedings under section 42 of the Act have to be by the Punjab and Haryana High Court.