Sr. No.03 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (Through Virtual Mode) CM No.6596/2025 in Arb P No.43/2024 M/s Alco Engineering Private Limited …Petitioner(s)/Appellants. Through: Mr. Luqman Shahzad Dar, Advocate, and Mr. Javaid Ahmad, Advocate. Vs. Chief Engineer and others ….Respondent(s) Through: Mr. Sofi Manzoor Ahmad, Advocate. CORAM: HON’BLE THE CHIEF JUSTICE O R D E R 27.02.2026 01. This court vide order dated 22.08.2025, while disposing of Arb. P. No.43/2024, had appointed Mr. Shiv Kumar Behl, Retd. Principal Chief Engineer BSNL, Delhi, as Arbitrator to adjudicate the disputes between the parties. 02. It is urged that the arbitrator appointed in the matter was a senior BSNL Engineer and having close association with the respondent, in the estimation of petitioner, it would lead to bias in the proceedings. It is further submitted that the petitioner has not signed any post-dispute express written waiver under the proviso to Section 12(5), therefore, in terms of Section 12(5) read with the Seventh Schedule, the appointed arbitrator is de jure ineligible. On this sole ground, the petitioner seeks substitution of the arbitrator and appointment of a new arbitrator. 03. Pursuant to the notice issued by this Court, the respondents though caused appearance but no reply/ response has been filed on their behalf. However, the learned counsel for the respondents, as always, fairly submits that let an arbitrator be appointed in the matter. 04. In the given circumstances and in terms of the statement made by learned counsel for the respondents, the application is allowed. And with consent of the learned counsel for the parties, Mr. Nazir Ahmad Beigh, Sr. Advocate, Chamber No.100, High Court Complex, Srinagar, (Mob. Nos. 7006129087, 9419000384), is appointed as new arbitrator 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. 05. The application shall stand disposed of accordingly. Registry to inform the learned arbitrators accordingly. (ARUN PALLI) CHIEF JUSTICE Jammu 27.02.2026 Abdul Qayoom, Secy. Abdul Qayoom Lone I attest to the accuracy and authenticity of this document 02.03.2026 11:51