MOHD SALEEM CONTRACTOR TH MOHD SALEEM v. UT OF J AND K TH COMMISSIONER SECRETARY, PUBLIC WORKS (R AND B) DEPARTMENT, JAMMU AND OTHERS
Arb P/2/2025 · 2025-01-02
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1553 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1553 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Arb P No. 2/2025 Mohd. Saleem (Contractor) Through its sole Prop. Sh. Mohd. Saleem aged 63 years S/O Sh. Sain Ditta R/O 150-F, Ustad Mohallah, Jammu, At present H.No. 82, Sector No.7, Trikuta Nagar, Jammu
….. Petitioner(s) Through: Mr. R.K. Gupta, Sr. Advocate with Mr. Uday Bhaskar, Advocate Vs
1. Union Territory of Jammu & Kashmir through Commissioner/Secretary Public Works Deptt. Civil Secretariat Jammu/Srinagar
2. The Chief Engineer, PW(R&B) PWD Building, Rail Head Complex, Jammu
3. Superintending Engineer, PWD (R&B) Jammu – Kathua Circle, Jammu
4. Executive Engineer, PWD (R&B) Tawi Bridge cum Medical College Division, Jammu
5. Principal, Govt. Medical College, Bakshi Nagar, Jammu .…. Respondent(s)
Through: Ms. Palvi Sharma, Assisting Counsel to Mr. Ravinder Gupta, AAG
Coram:
HON’BLE THE CHIEF JUSTICE
ORDER 02.01.2025
1. The instant petition has been filed on behalf of the claimant/contractor for grant of suitable extension of time for conclusion of arbitration proceedings and passing of award in respect of the disputes between the parties.
2. It is contended that the petitioner/applicant had filed the petition before this Court under Section 11(6) of the Arbitration and Conciliation Act, 1996 being Arb P No. 25/2020 for referring the disputes arising out of the contract work being Agreement No. 05/OW of 1012013 for construction of multi-level parking in Super Specialty Block of GOW Medical College Jammu at Resham Garh Jammu to the Sole Arbitrator and accordingly, this Court vide
order dated 10.05.2022 allowed the petition and appointed Mr. Justice (Retd.) Sunil Hali as the Sole Arbitrator for adjudication of all the claims of the parties. It is further contended that thereafter vide order dated 22.12.2023 this Court had extended six months’ time for enabling the Arbitrator to make the award from Sr. No. 04
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Arb P No. 2/2025
the date of order; that the Ld. Arbitrator conducted further proceedings and heard arguments of the parties, but the proceedings could not be concluded, which constrained the petitioner firm to file another application for extension of time for conclusion of the arbitration proceedings and this Court vide order dated 07.06.2024 had extended further six months’ time from the date of the
order to conclude the arbitration proceedings. However, the proceedings have been delayed for the legal procedure involved in the case and now only the publication of the award is to be made by the learned Arbitrator. Therefore, the petitioner through the medium of the present petition seeks further extension of time for conclusion of the arbitration proceedings and passing of final award.
3. Notice. Ms. Palvi Sharma, learned counsel appearing vice Mr. Ravinder Gupta, learned AAG waives notice on behalf of the respondents. She submits that the respondents have no objections in case this application is allowed.
4. For the reasons detailed in this application coupled with the
submissions made by learned counsel for the applicant at the bar and on no objection from the other side, the same is allowed. Further six months’ time is extended with effect from today to conclude the arbitration proceedings and for passing of award by the learned Arbitrator in accordance with law. A copy of this order be supplied to the sole Arbitrator, namely, Justice (Retd.) Sunil Hali.
5.
Disposed of as above.
( (Tashi Rabstan) Chief Justice Jammu 02.01.2025 Pawan Angotra
Whether the order is speaking : Yes/No
Whether the order is reportable : Yes/No
Pawan Angotra 2025.01.03 13:16 I attest to the accuracy and integrity of this document