BAWA RAM AND CO Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under section 39 of the Jammu and Kashmir Arbitration Act, 2002 is directed against the judgment of a learned Single Judge of this Court dated 17th August, 2000 in Arbitration Application no.270/1991, rejecting the objections of the appellant to the award of the arbitrator and making the award rule of the Court. The facts of the case, briefly, are as follows.

(2.) THE appellant entered into an agreement for construction of quarters/married accommodation for JCOs/Havs./Ors and Key personnel at Akhnoor. Dispute arose between the parties and the appellant filed a petition under section 20 of the Arbitration Act registered as AA no.360/1986 in this Court for reference of the dispute to the arbitrator. By order dated 15th July, 1988, as modified by order dated 22nd December, 1988, the competent authority, namely, Engineer -in -Chief, Army Headquarters was directed to appoint an arbitrator. Initially one Brigadier M. M. S. Parihar was appointed as arbitrator but he did not conclude the proceeding and resigned. Thereafter, on 7th February, 1991, the competent authority appointed Brigadier Y. W. Joshi as the sole arbitrator. The said arbitrator entered upon reference on 4th March, 1991 and vide letter of the date directed the parties to file statement of case along with supporting documents by 15th April, 1991, after serving copy thereof on the other side. The parties were further directed to submit their pleadings on receipt of the said statement by the other side by 13th May, 1991 after serving copy thereof. Reply to the pleadings in defence was to be submitted by the parties by 22nd May, 1991. The parties were informed that the venue of arbitration and date of hearing would be intimated after compliance with the above. Though not disclosed in the memo of appeal, it appears from the award that on 17th May, 1991 another communication was sent by the arbitrator to the appellant to submit its statement by 30th May, 1991. A telegram to this effect was also sent by him on 18th May, 1991. It may be stated here that the respondents through CWE HQ 135 Works Engineers had submitted the statement of case on 24th April, 1991 in the meantime.

(3.) THE case of the appellant is that it had requested the authorities to furnish certain documents for filing the statement of case but the same was not made available with the result he could not file the statement.