LAWS(J&K)-2002-3-35

GHULAM AHMED BAGH Vs. PROJECT OFFICER & ANR.

Decided On March 15, 2002
Ghulam Ahmed Bagh Appellant
V/S
Project Officer And Anr. Respondents

JUDGEMENT

(1.) The applicant through counsel has moved this petition for reference to and appointment of Arbitrator in the dispute linterse the parties regarding the claimed amounts/damages allegedly suffered by the applicant/Contractor on account of acts of omission and commission of respondents regarding the allotted works of construction of Barbed Wire fencing around S.M. Form Padm Zanskar and Animal Sheep Form Padm Zanskar. The allotment of works to petitioner with agreement Annexure-P/A is on record. Clause 20 of the terms and conditions governing the contract reads as under:-

(2.) On notice, respondents have appeared and filed their defence to the application. The cause is defended mainly on the around that the application is moved under the old Arbitration Act and not under present Jammu and Kashmir Arbitration and Conciliation Act, 1997 and therefore, the petition is not maintainable. Besides the defence taken counters on disputed questions of fact. The allotment of work as evidenced by Annexure-P/A is not denied. There is no reply to the above quoted clause 20, contained in the agreement.

(3.) Heard. The petition on its face shows that it is moved under the provisions of Jammu and Kashmir Arbitration and Conciliation Act, 1997 and the scheme for appointment of arbitrators made by the Chief Justice of the Jammu and Kashmir High Court (Notification No. 3 dated 6-4-1999). The application is supported by copy of the documents certified by the counsel and also supported by the affidavit. The contention that the matter is not maintainable for being moved under the (old) Arbitration Act Samvat 2002, is not true, so accordingly not merited.