UNION OF INDIA Vs. SWASTIC CONSTRUCTION COMPANY

JUDGEMENT

(1.) The admitted facts of the case are that a dispute arising out of an arbitration agreement between the petitioner and M/s. Swastic Construction Company had been referred to the sole arbitrator who made the award on 31-12-1992. On the application of Construction Company (respondent No. 1), the arbitrator filed the award in the Court of Additional District Judge, Jammu to which the petitioner filed a composite application under Section 30/33 of the Arbitration Act challenging the award on various grounds. By an ex-parte order dated 4-4-1994, the award was made rule of the Court.

(2.) An application filed on behalf of Union of India for restoration of proceedings came to be dismissed by Court order dated 17-7-1995 and the appeal challenging the same was dismissed by order dated 6-2-1996 with liberty reserved to the petitioner to prosecute any other remedy available under law. The petitioner has moved this petition for quashing the order dated 4-4-1994, being perverse.

(3.) The respondents have questioned the maintainability of the petition on the grounds :