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High Court of Jammu and Kashmir · body

2025 DAILYLAW 11844 (JK)

MOHD MUSHTAQ v. BHARAT SANCHAR NIGAM LTD BSNL TH GENERAL MANAGER AND OTHERS

Arb P/39/2025 · 2025-12-12

Rajnesh Oswal

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Arb P No. 39/2025 Mohd. Mushtaq …..Appellant(s)/Petitioner(s) Through: Mr. Priyanshu Sharma, Advocate. vs Bharat Sanchar Nigam Ltd. BSNL Th. General Manager and others .…. Respondent(s) Through: Mr. Jagpaul Singh, Advocate. Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 12.12.2025 ORAL 1. This is an application under Section 11 (6) (A) of the Arbitration and Conciliation Act, 1996 (for short ‘the Act”), for appointment of an Arbitrator to determine the dispute arising out of a lease agreement dated 01.04.2016 entered into between the parties. 2. It is submitted that in terms of clause 24 of the said agreement, any dispute, doubt, difference or question with regard to interpretation or in respect of the right, duties and liabilities of the parties arising out of the said agreement is required to be adjudicated by an Arbitrator. 3. Objections have been filed by the respondents, wherein besides raising preliminary objections, the respondents have admitted execution of the lease agreement dated 01.04.2016 and also the settlement of the dispute arising between the parties through the medium of arbitration. 4. Mr. Priyanshu Sharma, learned counsel for the applicant/petitioner has reiterated the pleas raised in the application. Serial No. 114 Sahil Padha 2025.12.15 14:11 I attest to the accuracy and integrity of this document 2 Arb P No. 39/2025 5. Mr. Jagpaul Singh, learned counsel for the respondents submits that some independent Arbitrator be appointed in the matter and at the same time, he submits that the respondents be permitted to raise all the pleas/defence available to them before the learned Arbitrator. 6. In view of the fact that the parties have admitted the lease agreement dated 01.04.2016 executed between them and in terms of clause 24 of the said agreement, any dispute, doubt, difference or question with regard to interpretation or in respect of the right, duties and liabilities of the parties arising out of the said agreement is required to be adjudicated by an Arbitrator, I deems it proper to appoint Mr. Vikas Mangotra, Advocate as sole Arbitrator, who shall proceed in the matter in accordance with the provisions of the Act. 7. The Arbitrator shall, therefore, after hearing both the parties make an award within the time period provided in the Act itself after charging the prescribed fee along with incidental expenses to be shared by the parties. 8. Registry to inform the above named Arbitrator about his appointment as an Arbitrator in this matter. 9. The application is, accordingly, disposed of. (RAJNESH OSWAL) JUDGE Jammu 12.12.2025 Sahil Padha