Judgment · High Court of Jammu & Kashmir and Ladakh

Through: Mr. Azhar ul Amin, Advocate. Vs. Chief Engineer System and Operations Wing & Ors. ….Respondent(s) Through: Mr. Fahim Nissar Shah, GA. CORAM: HON’BLE THE CHIEF JUSTICE

O R D E R 22.05.2025

The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator.

The petitioner being a partnership firm under the Partnership Act, 1932, having participated in the bidding process was found to be the lowest bidder and his bid was accepted vide order No.CE/SOK/T 686-C/364 of 2017 dated December 18, 2017. Accordingly, the petitioner executed a contract for “Renovation and up-gradation of Protection System at different grid stations across Kashmir under PSDF Works” with respondents. The contract is stated to be executed by the petitioner smoothly, however, a dispute is stated to have arisen with regard to “Item no.28 read with Part C (Instrument Transformers) of mandatory spares list” of order dated December 18, 2017 (supra). Further, it is submitted that, despite service of notice invoking arbitration clause 19 of the contract, the respondents have failed to act and direct appointment of an arbitrator. Hence, this petition.

Pursuant to the notice issued by this Court, the respondents had caused appearance and file the response. In brief what is sought to be urged is; the petition is not maintainable as no cause of action accrued to the petitioner. It is submitted that the petitioners themselves had committed breach of the contract. Though, it is not disputed that the contract that was entered into between the parties provides for determination of the dispute by way of arbitration.

The existence of the arbitration clause, as aforesaid, and its invocation by the petitioner vide notice dated 16.08.2023 is not disputed.

Although, as indicated earlier, the respondents have filed objections to the petition but during the course of hearing, learned counsel for the respondents pleads no objection in case the petition is allowed.

In the given facts and circumstances, coupled with statement made at the Bar by learned counsel for the respondents, the application is allowed. Accordingly, Mr. Justice Ali Muhammad Magrey (Retd. Chief Justice, High Court of J&K) is appointed as the sole arbitrator. Who shall proceed in the matter in accordance with the provisions of the Act to make an award within the time provided in the Act itself after charging the prescribed fee along with incidental expenses to be shared by the parties. (ARUN PALLI) CHIEF JUSTICE Srinagar 22.05.2025 Abdul Qayoom, Secy. Abdul Qayoom Lone I attest to the accuracy and authenticity of this document

22.05.2025 21:00