HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: Arb P No. 77/2023 Anima Gupta & Ors. ..... Petitioner(s)/Appellant (s) Through :- M/s Vishal Goel and Dinesh Dogra, Advocates. v/s U.T. of J&K & Ors. .....Respondent(s) Through :- Ms. Sagira Jaffer, Assisting counsel to Ms. Monika Kohli, Sr. Advocate (Sr. AAG) CORAM: HON’BLE THE CHIEF JUSTICE (ACTING) ORDER 05.06.2026 (ORAL) 01. This is a petition under Section 11of the Arbitration and Conciliation Act filed by consortium of four entities led by Mr. Anil Gupta, Proprietor of M/s Maa Durga Enterprises, for appointment of an independent arbitrator in terms of Arbitration Clause contained in the Agreement executed between the parties on 21.08.2018. 02. This petition was initially filed by Mr. Anil Gupta Proprietor of M/s Maa Durga Enterprises, alone and same was objected by respondents on the ground that Mr. Anil Gupta was not party to the Agreement and, therefore, the petition was not maintainable. Thereafter, immediately the other members of the consortium also joined Mr. Anil Gupta by seeking their impleadment as party petitioners. The appointment of an independent arbitrator is sought on the ground that despite the petitioner having requested the respondents for appointing an arbitrator in term sof the Arbitration Clause, the respondents have not acted in the matter and appointed the Arbitrator. Sr. No. 08 03. The application is objected by the respondents only on the ground that the disputes raised by the petitioner are not tenable on merits and, therefore, do not require any adjudication by an Arbitrator. 04. Heard learned counsel for the parties and perused the record. 05. The Court is of the considered view that in the facts and circumstances of the case, when neither the Arbitration Agreement between the parties is in dispute nor it is disputed that the issues raised by the petitioner fall with the ambit of Arbitration agreement, it would be meeting the ends of the justice if an independent Arbitrator is appointed to adjudicate the disputes between the parties in terms of the Agreement. 06. Hence, this application is allowed. 07. With consent of learned counsel for the parties, Mr. Justice Vinod Chatterjee Koul (Former Judge of the High Court of Jammu & Kashmir and Ladakh) is appointed as the sole arbitrator who shall be entitled to charge fee under Fourth Schedule of the Act. 08. An endeavour shall be made by the learned Arbitrator to conclude the proceedings and make award within the statutory period. 09. A copy of this order be furnished to the learned Arbitrator for entering the reference. 10. Disposed of accordingly. (SANJEEV KUMAR) CHIEF JUSTICE (A) JAMMU 05.06.2026 Sunita