Sher-i-Kashmir University of Agriculture Sciences And Technology vs Construction Engineers And Others

Vinod Chatterji Koul, J

Order passed by the learned Principal District Judge, Srinagar in a petition filed under section 9 of the J&K Arbitration and Conciliation Act, 1997(for short the Act) was challenged by way of this writ petition and following relief was sought:

"the Hon'ble Court may kindly be pleased to issue a writ, order or direction in the nature of writ of certiorari quashing order dated 29th May, 2009 passed by the learned Principal District Judge, Srinagar in a petition filed by the respondent No. 1 under Section 9 of the J&K Arbitration and Reconciliation Act, 1997 titled as "M/s Construction Engineers vs State of J&K and others."

Mr. Anuj Dewan Raina, learned counsel for the respondents submits that this writ petition has become infructuous as the arbitration proceedings have culminated into passing of award and also that the application under section 34 of the Act has been dismissed. He further submits that the proceedings under section 9 of the Act have come to an end with the passing of the award because it was an interim measure during the arbitration proceedings.

In view of the fact that the award has been passed and the application under section 34 of the Act has been dismissed, therefore, nothing survives in this writ petition. There is no representation on behalf of the petitioner today. Hence, this writ petition is dismissed.