LAWS(J&K)-2014-7-11

GHULAM MOHAMMAD DAR Vs. STATE

Decided On July 10, 2014
GHULAM MOHAMMAD DAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) On 20-11-2004, Application A.A. 02/2004, u/s 11 of the Jammu and Kashmir Arbitration and Conciliation Act 1997 (for short Act of 1997) was filed by one Ghulam Mohammad Dar, which was listed before Hon'ble the Chief Justice and notice was issued to the other side. The then Hon'ble the Acting Chief Justice, vide order dated 15-05- 2006, appointed Shri S.A. Salam, a retired Development Commissioner, as Arbitrator. The Application u/s 11 of the Act of 1997 was, accordingly, disposed of. The Arbitrator published the Award on 30-11-2010. The applicants in A.A. 22/2011 filed Application u/s 34 of the Act of 1997 before the learned Principal District Judge, Srinagar, on 20-122010, wherein prayer was made for setting aside of the Award.

(2.) The applicant, Ghulam Mohammad Dar, on 25-02-2011, filed an Application 03/2011 u/s 34 of the Act of 1997 before the High Court in which he prayed for setting aside of part of the Award.

(3.) After it was brought to the notice of the learned Principal District Judge, Srinagar, that the applicant, Ghulam Mohammad Dar, has also challenged the Award by filing Application u/s 34 of the Act of 1997, the learned District Judge, vide order dated 02-08-2011, submitted the record of the Application before the High Court. This Application was registered as A.A 22/2011. Both the Applications were being considered together by this court.