SUKHVINDER KOUR Vs. UNION OF INDIA

JUDGEMENT

(1.) Both these appeals have been filed against the judgment/order dtd. 23/4/2010 passed in AA No. 18/2007 titled Union of India Vs. Mohinder Singh whereby the award passed by the Arbitrator has been partially accepted and upheld.

(2.) With a view to understand the controversy in its correct perspective, it is necessary to give a brief background in the light of which the present disputes have arisen between the parties relating to Contract Agreement No.GE(P)18/1992-93 dtd. 18/8/1992 with regard to fencing of certain installations at Nagrota. The said disputes were referred to an arbitrator for adjudication in view of clause 70 of the General Condition of Contract of IAFW 2249 forming part of the Contract Agreement.

(3.) The arbitrator after entertaining detailed claims and counter claims passed an award in favour of the claimant, which was questioned by the Union of India before a Single Bench of this Court under Sec. 34 of the Jammu & Kashmir Arbitration and Conciliation Act 1977 on the following grounds: