R.K. GUPTA Vs. UNIVERSITY OF JAMMU

JUDGEMENT

(1.) The petitioner has filed the instant petition under Sec. 11(6) of the J&K Arbitration and Conciliation Act, 1997 (hereinafter referred to as "Act") seeking a direction for reference of dispute arising out of Agreement No. 3 having Allotment No. UWD/13-14/192-201 dtd. 1/5/2013, inter se the parties to an independent Arbitrator, on the strength of averments made and grounds taken in the petition.

(2.) The brief facts of the case are as under:

(3.) The respondents have filed objections contending therein that as per the terms and conditions of the agreement, the petitioner was supposed to complete the allotted work within 15 months from the date of allotment of work, however, the petitioner could not conclude the contract and left the same midway and thereafter issued a notice for reference of dispute to the named Arbitrator. It is further contended that the notice was received on 31/7/2019 and the named Arbitrator entered upon the reference on 30/8/2019 and the petitioner was informed accordingly. The Arbitrator fixed the date for appearance of the parties on 1/10/2019, on which date the Arbitrator conducted the preliminary proceedings wherein the officials of the University were present, however, none represented the petitioner and as such, proceedings were adjourned. It is further contended that the petition is misconceived and misdirected as the same has been filed after the Arbitrator entered upon the reference and conducted proceedings.