26 July 1996
Supreme Court
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KASHMIR ELECTRIC & HARDWARE CORPORATION Vs STATE OF J & K

Bench: PUNCHHI,M.M.
Case number: C.A. No.-009768-009768 / 1996
Diary number: 89448 / 1993


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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.