ABDUL JABBAR LONE Vs. SHOWKAT AHMAD

JUDGEMENT

(1.) The appellants have invoked the jurisdiction of this Court in terms of Section 37 of the Arbitration and Conciliation Act, 1997 (hereinafter 'Act' for short) questioning order dated 21-10-2011 passed by the Principal District Judge, Kupwara, whereby the application laid by the appellants for setting aside the order of reference and the arbitral award was rejected and the award passed by the Arbitrators was maintained. Brief facts of the case.

(2.) The appellants filed a suit for declaration and permanent injunction in the Court of Sub Judge, Kupwara, titled Abdul Jabbar Lone and others v. Showkat Ahmad Lone and others, against the respondents. Along side the suit, the appellants filed an application for grant of ad interim relief in terms of Order 39 of Code of Civil Procedure (hereinafter 'CPC for short) and an ex parte status quo order was granted. Respondents 1 and 2 (defendants therein) resisted the same and filed the written arguments, whereupon the Learned Sub Judge vacated the order of status quo and dismissed the interim application by its order dated 1-6-2009. Feeling aggrieved, the appellants filed an appeal before the Court of Principal District Judge, Kupwara. During the pendency of the appeal, learned counsel for the parties expressed their desire to settle the matter amicably and, accordingly, sought adjournment, which was granted vide order dated 22-6-2009. On 25th June, 2009, the parties expressed their consent to settle the matter through arbitration and also named two Advocates, namely, M/s. G. M. Bhat and Tariq Ahmad Lone as Arbitrators. The statement of the parties and their appearing counsel was recorded and was made part of the record. Accordingly, the Court appointed the said two Advocates as Arbitrators and their fee was fixed at Rs. 4000/- and the parties were directed to file their claims and counter claims before the Arbitrators.

(3.) The Arbitrators entered upon the reference, recorded the statements of the parties and made the award. The award was submitted by them before the Court of Principal District Judge, Kupwara on 22-7-2010. It would be apt to mention here that the matter was pending consideration before the Arbitrators from 25-6-2009 to 22-7-2010, and, during this period, the parties appeared before the Arbitrators and filed their respective claims and cross-claims. After examining the entire matter, the Arbitrators made the award on three issues.