UNION OF INDIA Vs. D.KHOSLA AND COMPANY

JUDGEMENT

(1.) Union of India through Chief Engineer (P) Sampark is in appeal under Sec. 39 of J&K Arbitration Act, 2002 (1945 A.D.) [ "the Act"] against the order and judgment of the Principal District Judge, Jammu ["the Court below"] dtd. 11/1/2014 passed in File No.42/Award titled M/s D Khosla and Company v. Chief Engineer (P) Sampark. The Court below vide its judgment dtd. 11/1/2014, impugned in this appeal, has dismissed the application of the Union of India filed under Sec. 30 and 33 of the Act for setting aside the arbitral award dtd. 4/1/2008 passed by Brig (Retd.) B.V.Ahuja, the sole arbitrator.

(2.) Before adverting to the grounds of challenge pleaded and urged by the appellant-Union of India to sustain challenge to the impugned order of the Court below, it would be necessary to allude to the background facts leading upto the filing of instant appeal.

(3.) Feeling aggrieved by the award passed by the sole arbitrator, the Union of India filed an application under Sec. 30 and 33 of the Act for setting aside the award on several grounds before the Court below. The application was contested by the contractor and on the basis of pleadings of both the parties, the Court below vide its order dtd. 1/6/2010 framed the following issues:-