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Judgment
13 paragraphs · 202 wordsM.M. Kumar, C.J.—This order shall dispose of two * petitions filed u/s 34 of the Jammu and Kashmir Arbitration and Conciliation Act,
1997 challenging different arbitration awards.
The issue whether such a petition would be maintainable before the High Court or before the District Judge was referred for authoritative
settlement to a Division Bench in A.A. No. 03/2011 titled Ghulam Mohammad Dar v. State and others. The Division Bench while delivering the
judgment on 10.07.2014 has opined that such a petition would also be competent before the District Judge being a Principal Court of original
jurisdiction over such matters as also the High Court because of definition of expression Court given in Section 2(e) of the Jammu and Kashmir
Arbitration and 2 Conciliation Act, 1997. Therefore, the petitioners should first approach District Judge because alternative forum is available. The
petitions are, accordingly, disposed of. However, the petitioners shall be at liberty to file similar petition before the District Judge, which shall be
decided in accordance with law.
*
S. No.Case No. Title
A.A. No.28/2014 & CMA No.18/2014Union of India & anr. v. M/s. Ravinder Kapoor
A.A.No.29/2014 & CMA No.19/2014 Union of India v. M/s. Ravinder Kapoor Builder & Engineers