BHAWANI TRADERS Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) In this appeal filed by the appellant under Section 37 of the Jammu & Kashmir Arbitration & conciliation Act, 1997 (hereinafter referred as "the Act") order passed by the Principal District Judge, Udhampur under Section 9 of the Act, whereby appellant's petition has been dismissed and the interim order issued on 10.05.2016 was vacated, is under challenge.

(2.) The petitioner filed an application under Section 9 of the Act before the Court of Principal District Judge, Udhampur (hereinafter referred to as "the trial court") claiming, inter alia, a direction to the respondents not to proceed with the finalization of fresh tender published on 09.03.2016 with respect to the work allegedly executed by the appellant with respect to which dispute had arisen between the appellant and the respondents. The appellant also moved an application for appointment of independent Commissioner for measurement of work done by the appellant under CA No.CEUZ/RAJ-40/2010-11 for the work of completion of incomplete work of construction of high security wall at Nadpur. Application filed under Section 9 of the Act as also the miscellaneous applications filed by the appellant came to be considered by the trial court, who vide order impugned dismissed the application and declined the interim relief claimed by the appellant. Learned trial court, however, directed the respondents to take prompt steps for referring the dispute raised by the appellant to arbitration in terms of Condition 70 of the GCC for timely redressal of the grievance of the appellant. It is against this order the petitioner has approached this Court by way of appeal under Section 37 of the Act, taking various grounds without prejudice to each other.

(3.) Before considering the ground of challenge taken by the appellant in this appeal, it would be apposite to take note of the facts leading to the filing of this appeal.