INDER KUMAR VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) CONTRACT for construction of retaining wall and other protection works for the approaches of bridge No. 155 ROB at ch. 50/389 including construction of approach road for Br. No. 155, diversion of existing Air Force Road, RCC road slab bridge span 1x4.50m on Air Force Road and construction of RCC box bridge span (1 x 1.00X1.00m) at ch. 49/114 on Jammu -Udhampur Rail Link Project (Contract agreement No. 140 -A/cs/Dy. CE/C/UDM dated 17.06.2000), appears to have been sanctioned in favour of M/s Inder Kumar Verma, the petitioner.

(2.) CERTAIN arbitration disputes having arisen between the parties, M/s Inder Kumar Verma had approached Lord Chief Justice to seek appointment of an arbitrator. Accusing the respondents of making unfair measurements of the works done by it which may affect the adjudication of its arbitration dispute, an application had been filed by the petitioner before Learned Principal District Judge, Jammu seeking appointment of an independent Commissioner to take measurements of its works done under Contract No. 74 -W/8/72/WA/AL dated 3rd of March, 2000.

(3.) AFTER considering rival contentions of the parties and finding the petitioners grievance justified, learned Principal District Judge, Jammu, while allowing its application, had held as follows: -