VISHWAJEET SOOD Vs. HOTEL SIM SAM PROJECT KATRA

JUDGEMENT

(1.) Through the medium of this petition the petitioner is seeking recall of order dated 27/9/2002 whereby in terms of Sec. 1) of the J & K Arbitration and Reconciliation Act, 1997, (hereinafter called the Act), application of the respondent for appointment of Arbitrator for determination of disputes through arbitration was allowed and Sh. A. N. Saraf, retired District & Sessions Judge, was appointed as Arbitrator.

(2.) The facts which need to be noticed are that respondent filed an application against the petitioner u/S. 11 of the Act being AAD2/2002, for seeking appointment of Arbitrator for adjudicating upon the disputes arising between the parties, out of contract allotted by the petitioner to the respondent for construction of a hotel in Katra.

(3.) For regulating the procedure for entertaining the request for appointment of an arbitrator u/S. 11 (9) the Lord Chief Justice had formulated a scheme and Para 2 (a & b) thereof provided as follows :-