HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
AP No. 9/2019
Mahle Filter Systems India Limited .....Petitioner (s)
Through :- Mr. Inderjeet Gupta, Advocate
V/s
State through Chief Engineer, U.E.D.D .....Respondent(s)
Through :- Mr. S. S.Nanda, Sr. AAG
Coram:
HON’BLE THE CHIEF JUSTICE
ORDER
01. Pursuant to the notice issued on 4
th
of June, 2019, Mr. S. S. Nanda,
learned Sr. AAG has entered appearance on behalf of the respondent and
submitted that no objections have been filed to the arbitration Award dated 20
th
of December, 2018, which is the subject matter of the present case.
02. The dispute arose between the parties in respect of the contract for
construction of Waste Water Treatment Plant (on Turn Key Basis) including
soil investigation, design, supply, installation and erection of all electrical and
mechanical components at S.M.H.S. Hospital Srinagar. An agreement dated
23
rd
of January,1988 was executed between the parties in this regard.
03. The petitioner had asked for settlement of the disputes by referring
the arbitration in terms of agreement No.19 vide his letter dated 21
st
August,
1991 followed with the reminder dated 16
th
of September, 1993.
04. The matter was referred for arbitration before Sh. H. D. Khajuria,
Chief Engineer, who had passed the award dated 22
nd
of December,1999. The
respondents have filed objections by way of AA No. 1/2000 challenging the
Sr. No. 1
2 AP No. 9/2019
award and gave no reason. This Court set aside the award dated 1
st
of February,
2018. With the consent of the parties, Justice (Retd.) O.P.Sharma, was
appointed as an arbitrator.
05. Heard the parties on the basis of the issues framed by the erstwhile
arbitrator and the evidence lead before him.
06. After detail consideration, the learned arbitrator has made the
award dated 20
th
of December, 2018 which has been placed before this Court.
The original award received from the arbitrator has been placed before this
Court for making orders in accordance with Section 14 of the Jammu and
Kashmir Arbitration and Conciliation Act, 2002 (1945 AD). Time for making
the application for setting aside the award has also been expired.
07. The award has been scrutinized. There is nothing in the award
requiring modification or correction.
08. In view thereof, the award is made rule of the Court. Decree shall
be drawn up by the Registry in terms thereof.
09. This Arbitration petition is allowed in the above terms.
(Gita Mittal)
Chief Justice
Jammu
11.03.2020
Vijay
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
[email protected]
2020-03-13T15:44:48+0530
VIJAY KUMAR
I attest to the accuracy and integrity of this document
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