Jammu & Kashmir High Court
Chief Engineer Project Sampark Gref C/O vs M/S Able Traders Gandhi Nagar on 24 March, 2022
Author: Tashi Rabstan
Bench: Tashi Rabstan
Sr. No. 3
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CM No. 1656/2022 in
Arb P No. 31/2021
Caveat No. 980/2021
Chief Engineer Project Sampark GREF C/O ....Petitioner(s)/Appellant(s)
56 APO
Through :- Mr. Vishal Sharma, ASGI
V/s
M/S ABLE traders Gandhi Nagar ....Respondent(s)
Jammu
Through :- Mr. R. K. Gupta, Sr. Advocate with
Mr. Udhay Bhaskar, Advocate
Coram: HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
ORDER
24.03.2022 CM No. 1656/2022 This is an application filed by the applicant seeking release of the amount deposited by the appellant.
It is contended that a contract work i.e. CA No. CE (P) SPK/21/ 2010- 11: for providing, laying and compaction of DBM 50 mm thick and AC 40 mm thick between Km 65.00 to KM 85.00 on Dhar - Udhampur Road came to be allotted in favour of the applicant. However, certain dispute arose between the parties and the respondent/decree holders filed petition under section 11 (6) of the Arbitration and Conciliation Act for appointment of an independent arbitrator and accordingly, this Court vide order dated 28.05.2014 referred the dispute to the sole Arbitrator. The sole Arbitrator after conducting the proceedings published the interim award dated 17.12.2015 and final award dated 20.07.2017. 2 CM No. 1656/2022 in Arb P No. 31/2021 Aggrieved of the final award dated 20.07.2017, the Arbitration Petition has been preferred by the non-applicant/petitioner herein.
It is submitted that the Union of India has deposited the said interim award before the Registry of this Court. Learned counsel submits that the applicant herein had initially undergone Radiotherapy for about six weeks and thereafter the surgery was conducted on 23.08.2021 at Medanta - The Medicity Hospital, Gurgaon and thereafter, he again undergone chemotheraphy for a period around six weeks. It is further submitted that the same amount is required to undergo further treatment.
Objections have been filed by Mr. Vishal Sharma, learned ASGI, in which the petitioner has resisted the application.
Keeping in view of the averments made in the application, coupled with the submissions made by the learned Senior Counsel, 50% of the awarded amount deposited before the Registry of this Court is directed to be released in favour of the applicant/decree holder (applicant herein), after proper verification and identification and also subject to furnishing an undertaking that in the event the Union of India succeeds the petition, the amount so released, shall be remitted back.
CM disposed of accordingly.
List the main on 04.04.2022.
(Tashi Rabstan) Judge Jammu:
24.03.2022 Meenakshi