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2025 DAILYLAW 1144 (JK)

M/S D S CONSTRUCTION TH DILJEET SINGH SACHDEVA v. UNION OF INDIA TH SECRETARY MINISTRY OF DEFENCE NEW DELHI AND OTHERS

AA/2/2025 · 2026-07-14

Ma Chowdhary

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU AA No. 2/2025 M/S D S Constructions, Govt. Approved and Registered “A” Class Builders and Contractors 128, Cantt. Road, Garha, Jalandhar, Through its partner Sh. Diljeet Singh Sachdeva, Age 36 years, S/o Sh. Jasvinder Singh R/o 848, Urban Estate, Phase-II, Jalandhar (Pb.) ….. Petitioner Through: Mr. Jugal Kishore Gupta, Advocate Vs 1. Union of India, Through Secretary to Govt. Ministry of Defence, South Block, New Delhi. 2. The Chief Engineer, HQ CE (AF) Udhampur Zone, Air Force Station, Udhampur, PIN-182101 (J&K) 3. HQ Commander Works Engineer, Air Force, Leh PIN-900465 C/o 56 APO 4. Garrison Engineer (AF) Leh Military Engineering Services, PIN-915365 C/o 56 APO .….Respondents Through: Mr. Vishal Sharma, DSGI with Mr. Eishaan Dadhichi, CGSC CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE ORDER (14.07.2026) 01. Petitioner, through the medium of this petition filed under section 9 of the Arbitration and Conciliation Act, 1996, is aggrieved of the impugned Order/Letter No. 85026/CEAFU09/121/E8 dated 13.02.2025 issued by Supplementary List-1 Serial No. 94 2 AA No. 2/2025 the respondent No. 2 – Chief Engineer to the extent of cancellation of contract work under condition 54 of the General condition of Contract (IAFW-2249), which provides that the balance work shall be completed through another agency, at the risk and cost of the contractor. 02. Learned counsel for the parties submit that Mr. Satish Chandra, Additional Director General (Retd.), has been appointed as a sole arbitrator, to arbitrate the disputes arising out of the contract between the parties vide order dated 28.11.2025, passed by this Court in Arbitration Petition No. 53/2025. 03. Learned counsel for the petitioner submits that the interim arrangement ordered by this Court on 18.03.2025 be made subject to the outcome of the arbitration proceedings. Learned counsel for the respondents has stated no objections to this plea. 04. Accordingly, this petition is disposed of, at this stage, providing that the interim order dated 18.03.2025 passed in this petition shall be subject to the outcome of the arbitration proceedings. 05. The petition is disposed of, accordingly. (M A CHOWDHARY) JUDGE JAMMU 14.07.2026 Shivalee Shivalee Khajuria 2026.07.15 14:11 I attest to the accuracy and integrity of this document