Serial No. 02 REGULAR CAUSE LIST HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Arb P 40/2025 Fayaz Ahmad Bhat …Petitioner(s) Through: Mr. Showkat Ali Khan, Advocate with Mr. Ali Khan, Advocate Vs. Ashiq Hussain Bhat & Ors. ...Respondent(s) Through: Mr. Salih Pirzada, Advocate CORAM: HON’BLE THE CHIEF JUSTICE (ACTING) ORDER 14.08.2026 01. This is an application filed by the petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 [“the Act”], seeking appointment of an independent arbitrator in terms of Clause 20 of the Partnership Deed executed on 25th February, 2017 between the parties. 02. During the course of arguments, it was brought to the notice of this Court by the learned counsel appearing for both sides that in the year 2025, the parties, with a view to settling all their property and business disputes, including the business dispute arising out of the Partnership Deed dated 25th February, 2017, approached the Traders Federation, Pulwama for mediation. The Traders Federation, Pulwama made the parties to sit together and reach at an amicable settlement of all their disputes. Arif Hameed I attest to the accuracy and authenticity of this document 14.08.2026 14:38 03. Pursuant to the efforts made by the Traders Federation, Pulwama, and on its persuasion, the parties before me settled their disputes once for all and executed a Settlement Agreement on 27th February, 2025. 04. The learned counsel appearing on both the sides do not dispute the execution of the Settlement Agreement. The Settlement Agreement sought to settle all pending property and business disputes, including those arising from the Partnership Deed dated 25th February, 2017. The Settlement Agreement also contains an arbitration clause, i.e., Clause 3.1. 05. In view of the aforesaid information given to this Court by the parties, this Court was prima facie of the view that with the execution of Settlement Agreement dated 27th February, 2025 containing an arbitration clause, the Partnership Deed dated 25th February, 2017 stood novated and a fresh agreement between the parties had come into existence. As a matter of fact, there is a specific stipulation in the Settlement Agreement, i.e., Clause 3.1 which clearly provides that the Settlement Agreement executed between the parties shall supersede all prior negotiations, understandings or agreements, whether written or oral. 06. When confronted with the aforesaid position, learned counsel appearing for the petitioner prays for leave to withdraw the present application with liberty to invoke Clause 3.1 of the Settlement Agreement and, if the need arises, approach this Court under Section 11(6) of the Act. Since the Partnership Deed stands Arif Hameed I attest to the accuracy and authenticity of this document 14.08.2026 14:38 superseded by the Settlement Agreement, as such, it would be right course for the petitioner to invoke the arbitration clause contained in the Settlement Agreement by having resort to the procedure laid down under the Act. 07. In view of the aforesaid, as also the statement made by the learned counsel for the petitioner, this application is dismissed as withdrawn, with liberty as prayed for. (Sanjeev Kumar) Chief Justice (Acting) SRINAGAR: 14.08.2026 “ARIF” Arif Hameed I attest to the accuracy and authenticity of this document 14.08.2026 14:38