STATE OF J&K Vs. ADIL CONSTRUCTION CO.

JUDGEMENT

(1.) By the instant writ petition petitioner, State of J&K, seeks writ of certiorari to the effect that i) Arbitral Award dated 17th Nov., 2012, ii) the order dated 30th Dec., 2013, passed on an application filed in terms of Sec. 34 and iii) the order dated 30th Dec., 2013, passed on an application filed in terms of Order 21, Rule 11 of the Code of Civil Procedure, passed by learned District Judge, Srinagar, be quashed.

(2.) The case of the petitioner, in nutshell, is that a dispute, in respect of a work executed pursuant to allotment of contract in favour of respondent, arose vis-a-vis the rates and the matter was sent to Arbitrator for arbitral proceedings.

(3.) It is stated that learned Arbitrator passed an Award on 17th Nov., 2012, for short 'impugned award'; holding respondent entitled to 150% above the allotted rates for item no. 1 to 22 of the NIT and also to 150% above the rates for mechanical transportation of material from advertised source to the actual dumping area.