FAZAL REHMAN DAR Vs. CHIEF ENGINEER PMGSY

JUDGEMENT

(1.) This petition is filed under Sec. 11 of the J&K Arbitration and Conciliation Act, 1997 (for short, the Act of 1997) seeking reference of disputes to an independent Arbitrator.

(2.) It appears that the petitioner was allotted a contract by the Chief Engineer, PMGSY for construction/maintenance of a road from Balmakote to Bagudass. It appears that the disputes have arisen between the parties which are required to be settled. The allotment of work was also accompanied with execution of an agreement.

(3.) According to clause 25.1 of the said agreement, the parties agreed that there would be no arbitration for settlement of any dispute between them. Since Clause 25 is relevant, the same is, therefore, being reproduced here-in-below: