LAWS(J&K)-1994-10-3

OM PRAKASH NARGOTRA Vs. UNION OF INDIA

Decided On October 28, 1994
Om Prakash Nargotra Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS is an application filed by the respondent. Union of India its functionaries under Sections 30 and 33 of the Arbitration Act for setting aside an arbitration award dated 29 -2 -1992 passed by col. M. P. Sikka, Deputy chief Engineer Northern command, the sole Arbitrator, based on the contents of the application and the reply filed there is by the petitioner, Om Prakash Nargotra, the following issues were framed for trial vide the Court order dated 28 -10 -1992 :

(2.) THE respondents have challenged the award and sought its being set aside primarily on the ground of misconduct by the Arbitrator, coupled with the allegations that there are errors of law and fact apparent on the face of the award and record. Another ground of challenge is based upon the invalidity of the very reference order whereby the Arbitrator was appointed by the Court and the disputes between the parties were referred to arbitration.

(3.) BEFORE I proceed any further, it shall be desirable and profitable to take note of the history of the case as also the relevant facts.