Case Details

Mahle Filter Systems India Ltd. Vs State Th. Chief Engineer, U.E.D.D

Case Details

casenoCase TypeAP
casenoFiling NumberAP /410/2019
casenoRegistration NumberAP /9/2019
caseno Filing Date29-01-2019
hearingRegistration Date29-01-2019
hearingFirst Hearing Date04th February 2019
dateDecision Date11th March 2020
casestatusCase StatusCase Disposed
natureNature of DisposalContested--Disposed Off;
coramCoram1701-HON'BLE THE CHIEF JUSTICE
bench typeBench TypeSingle Bench
judicalJudical BranchCIVIL ORIGINAL SUITS/ARBIT. APPLICATION (COS)
not beforeNot Before MeHON'BLE MRS. JUSTICE SINDHU SHARMA

Petitioners & Respondents

contactsPetitioner

Mahle Filter Systems India Ltd., ;

contactsPetitioner Advocate

Nemo;

contacts Respondent Name

State Th. Chief Engineer U.E.D.D;

Order Details

orderdate Order Date04-02-2019 documents

HIGH COURT OF JAMMU AND KASHMIR HIGH COURT OF JAMMU AND KASHMIR AT JAMMU Reg. List Item No. 07 A.P No. 09/2019 Date of order: 04.02.2019 Mahle Filter Systems India Ltd. Vs. State of J&K. CORAM: HON’BLE MR. JUSTICE RAJESH BINDAL, JUDGE Appearance: For the Petitioner (s) : None. For the Respondent (s) : Adjourned to 16.04.2019. (Rajesh Bindal) Judge JAMMU 04.02.2019 Ram Krishan [email protected] 2019-02-22T06:06:20+0000 RAM KRISHAN I attest to the accuracy and integrity of this document

orderdate Order Date04-06-2019 documents

Item No. 39 Regular list HIGH COURT OF JAMMU AND KASHMIR AT JAMMU AP No. 09/2019 Mahle Filter Systems India Ltd. .…Petitioner (s) Through: Indere Jeet Singh, Advocate V/s. State of J&K ….Respondent(s) Through:- CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE ORDER Issue notice to the parties. List on 16.08.2019. (Sanjeev Kumar) Judge Jammu 04.06.2019 Karam Chand [email protected] 2019-06-06T09:26:48+0100 KARAM CHAND I attest to the accuracy and integrity of this document

orderdate Order Date04-02-2020 documents

Sr. No.20 HIGH COURT OF JAMMU AND KASHMIR ATJAMMU AP 9/2019[Arb P No. 8/2019] Mahle Filter Systems India Ltd. …. Petitioner/Appellant(s) Through:- Inderjeet Gupta, Advocate V/s State of J&K …..Respondent(s) Through:- None Coram : HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE ORDER List before any other available Bench on 11.03.2020. (Sindhu Sharma) Judge JAMMU 04.02.2020 SUNIL-II [email protected] 2020-02-05T16:29:53+0530 SUNIL KUMAR I attest to the accuracy and integrity of this document

orderdate Order Date11-03-2020 documents

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