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High Court of Jammu and Kashmir · body

2025 DAILYLAW 10244 (JK)

M/S DES RAJ NAGPAL CONSTRACTORS PVT LTD. TH ASHWANI NAGPAL v. UNION OF INDIA TH CHIEF ENGINEER, MILITARY ENGINEERING SERVICES, PATHANKOT

Arb P/93/2025 · 2025-10-31

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No.22 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU (Through Virtual Mode) Arb P No.93/2025 in Arb P No.39/2023 M/s Des Raj Nagpal Contractors Pvt. Ltd. …Petitioner(s). Through: Mr. Dheeraj Sharma, Advocate. Vs. Union of India ….Respondent(s) Through: Mr. Vishal Sharma, DSGI, with Mr. Sumant Sudan, Advocate. CORAM: HON’BLE THE CHIEF JUSTICE O R D E R 31.10.2025 01. This court vide order dated December 11, 2024, while disposing of Arb. P. No.39/2023, had appointed Mr. Justice Ali Mohammad Magrey, Chief Justice (Retd.), High Court of J&K and Ladakh, as Arbitrator to adjudicate the disputes between the parties. 02. It is stated that the arbitrator appointed entered upon the reference and on 18.12.2024 issued notices to the parties. Accordingly, the parties caused appearance before the learned Arbitrator on 20.12.2024 and the schedule for completion of pleadings was formulated. However, despite repeated opportunities, the parties failed to complete the pleadings and, accordingly, the learned Arbitrator submitted the matter to this Court for appointment of a fresh arbitrator as the parties have exhibited a lack of due diligence and earnestness in completing the proceedings. 03. The petitioner, therefore, through the medium of present petition seeks substitution of the learned Arbitrator in terms of Section 15 of the Act. 04. During the course of hearing, learned counsel for the parties submit that the matter may be referred to the appointed arbitrator (Mr. Justice Ali Muhammad Magrey, Former Chief Justice of High Court of Jammu & Kashmir and Ladakh, for the parties undertake to provide all possible assistance and cooperation to enable the learned Arbitrator to adjudicate upon the dispute(s) and pass an award at the earliest. 05. In the wake of the above, with the consent of the parties, the matter is referred back to Mr. Justice Ali Muhammad Magrey, Former Chief Justice of High Court of Jammu & Kashmir and Ladakh, to proceed further in the matter and adjudicate the disputes between the parties and make award within time prescribed in the Act, after charging the prescribed fee along with incidental expenses to be shared by the parties. The parties are directed to ensure every possible assistance and cooperation in the matter enabling the learned arbitrator to conclude the proceedings at an earliest. 06. The application shall stand disposed of accordingly. Registry to inform the learned arbitrator accordingly. (ARUN PALLI) CHIEF JUSTICE Srinagar 31.10.2025 Abdul Qayoom, Secy. Abdul Qayoom Lone I attest to the accuracy and authenticity of this document 04.11.2025 12:13