Full Judgment Text
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PETITIONER:
M/S. KASHMIR ELECTRIC AND HARDWARE CORPORATION
Vs.
RESPONDENT:
STATE OF JAMMU AND KASHMIR
DATE OF JUDGMENT: 26/07/1996
BENCH:
PUNCHHI, M.M.
BENCH:
PUNCHHI, M.M.
VENKATASWAMI K. (J)
ACT:
HEADNOTE:
JUDGMENT:
THE 26TH DAY OF JULY, 1996
Present:
Hon’ble Mr.Justice Madan Mohan Punchhi
Hon’ble Mr.Justice K.Venkataswami
D.D.Thakur, Sr.Adv. and Rajeev Sharma, Adv. with him
for the appellant
Ashok Mathur, Adv. forth the Respondent
O R D E R
The following Order of the Court was delivered:
M/s. Kashmir Electric and Hardware Corporation
V.
State of Jammu and Kashmir
O R D E R
Leave granted.
We have before us the judgment of the learned single
Judge of the Jammu and Kashmir High Court holding that the
Arbitrator had not misconducted himself or the proceedings.
We also have before us the appellate judgment of the Letters
Patent Bench under appeal saying to the contrary. The
misconduct blown up is that the Arbitrator had conducted
sitting/sittings in the premises owned by the appellants and
had during that while accepted tea and refreshment from them
and hence to have become guilty of misconduct. It is
admitted that he was not alone in that regard as both the
contesting parties before him had equally shared the use of
the premises for the purpose as well as refreshments as part
of courtesies. No objection of any sort, at any point of
time, was taken by any one either with regard to the place
of conduct of the proceedings or to those courtesies
extended in the form of refreshments. We fail to appreciate
as to how could the arbitrator be presumed to have corrupted
himself in accepting those courtesies, in these facts and
circumstances. Mr. Ashok Mathur, learned counsel appearing
for the State of Jammu and Kashmir is candid enough to state
that he is unable to support the decision of the Letters
Patent Bench of the High Court in any manner. We, therefore,
without going into further details, allow this appeal, set
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aside the impugned judgment and order of the Letters Patent
Bench and restore that of the learned Single Judge without
any order as to costs.