STATE OF J&K Vs. DEV DATT PANDIT

JUDGEMENT

(1.) A Civil First appeal is filed under section 39 of the J&K Arbitration Act, 2002 (1945 A.D.) (for short hereinafter called the Act) against the order passed by the learned single Judge of this Court on May 10,1986 decreeing by way of - making the award rule of the Court in favour of the respondent.

(2.) APPELLANTS in the appeal are the State of J&K and Executive Engineer, Ravi Tawi Irrigation Complex, Lower Circle Division No. 1 Kathua. On an application filed under section 20 of the Act against the appellant Executive Engineer by the respondent praying for filing the arbitration agreement in the Court on account of the disputes arising between the parties, the Court calling upon the appellants to file the agreement in the Court in Arbitration Petition No. 72 of 1980 by order dated April 9, 1982, appointed Shri N.N. Dogra, retired Chief Engineer as the Arbitrator and made a reference for adjudication. The appointed arbitrator was conveyed with the order of the Court through the letter of Deputy Registrar issued vide No. 2162 dated May 26, 1982. It will not be out of place to reproduce the substance of the reference made by the learned Single Judge of this Court, as the same will be convenient for the present appeal. The order states to the following words: The disputes mentioned in the application u/s 20 of the Arbitration Act as well as the objections filed thereto by the other side therefore, referred to the aforesaid Arbitrator with a direction that he shall enter upon the reference and make his award within four months thereafter in accordance with law. The parties shall be at liberty to raise any further disputes before him provided it is not against the terms of the agreement The parties, whoever shall be in possession of the original agreement, shall produce the same before the Arbitrator. Copy of the application, the objections filed thereto and a copy of this order shall be provided to the Arbitrator. (Emphasis supplied by us) Pursuant to the said reference, the Arbitrator entered into the reference, after notice to the respective parties and after due deliberations and recording evidence of the parties submitted his award to this court under Communication No. 216 dated February 9, 1983.

(3.) THE Award received was registered as arbitration Award No. 35 of 1983 on February 12, 1983, which was laid before the court on February 21, 1983. The Court issued notices to the parties about the filing of the Award On March 17, 1983, appellant No. 1 the Executive Engineer filed objections to the award by way of an application under sections 30 and 33 of the Act, which is registration application No. 75 of 1983. No objections were filed by the respondent against the award, however, he filed his objections to the application filed by appellant No. 2 under sections 30 and 33 of the Act. The learned Judge on the pleadings regarding objections of the appellants to the award framed the following issues ;