UT OF J&K Vs. MIRSONS CONSTRUCTIONS PVT. LTD.

JUDGEMENT

(1.) The instant application is filed by the applicants namely the Chief Engineer, PW(R&B) Department, Srinagar and Executive Engineer, PW(R&B) Department, Division, Budgam, seeking condonation of delay in filing the application under Sec. 34 read with Sec. 37 of the Arbitration and Conciliation Act, 1997, for setting aside the interim award dtd. 28/6/2018, for an amount of Rs.203.00 lacs passed by the sole Arbitrator, Er. Mian Bashir Ahmad (Retired Chief Engineer).

(2.) Keeping in view the prayer made and relief sought in the application in a petition filed under Ss. 34 and 37, Mr. M.A. Chashoo, learned AAG, appearing counsel for the applicants was asked as to under which provision of law the interim award is passed, enabling the applicants to seek its reversal under appropriate provision of law, submits that the interim award is passed under Sec. 31(6) of Arbitration and Conciliation Act, 1997, therefore, the application, seeking setting aside of the award be treated under Sec. 34 of the Arbitration and Conciliation Act, 1997. In view of the statement of Mr. M.A. Chashoo, learned AAG, the Court has now to decide the application by treating the same, seeking condonation of delay in filing the application filed under Sec. 34 of the Arbitration and Conciliation Act, 1997.

(3.) Admittedly, the interim award is passed on 28/6/2018 and received by the Chief Engineer PW(R&B) Department, Srinagar, on 29/6/2018 and the application, seeking setting aside of the interim award is filed on 26/2/2019. The period spends for filing of the application commencing from 30/6/2018 till 25/2/2019 is 270 days.