HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Arb P No.7/2025 M/s Onkar Nath Bhalla & Sons Contractor (Pvt.) Ltd. 107, Rani Ka Bagh Amritsar-143001 And also Branch Office at H.No.26, Marble Enclave, Sector No.4, Extn. Trikuta Nagar, Jammu-180012 Through its Director Sh. Rohit Bhalla, Age 59 years …..Petitioner(s) Through: Mr. R.K. Gupta, Sr. Advocate with Mr. Uday Bhaskar, Advocate Vs 1. Union of India Through Secretary Ministry of Defence, New Delhi 2. Engineer in Chief Military Engineering Services Integrated HQ of MoD (Army) Kashmir House, Rajaji Marg, New Delhi-110011 3. HQ Chief Engineer (AF) Zone Udhampur Military Engineering Services C/o 39 Wing, AF Pin-936839 C/o 56 APO 4. Garrison Engineer (AF) Udhampur Military Engineering Services C/o 39 Wing, AF Pin-936839 C/o 56 APO .…. Respondent(s) Through: Mr. Vishal Sharma, DSGI Coram: HON’BLE THE CHIEF JUSTICE ORDER 07.02.2025 1. The instant petition has been filed on behalf of the claimant/contractor under Sub Section 29-A(4) and (5) of the Arbitration and Conciliation Act, 1996 for grant of suitable extension of time for passing and publishing of final award in respect of disputes between the parties. 2. It is contended that during the currency of the contract, several disputes arose between the parties which could not be resolved and on invoking the Arbitration clause for resolution of disputes the appointing authority, Engineer in Chief, MES vide its communication dated 28.06.2022 appointed Maj. General K. Gajria (Retd.) as the Sole Arbitrator and thereafter the Sr. No. 24 2 Arb P No.7/2025 arbitration proceedings commenced and the parties submitted their claims and counter claims. It is averred that the period prescribed for concluding arbitration was up to 21.02.2024 and therefore both the parties agreed for extension of time by six months, i.e., up to 21.08.2024; that the learned Arbitrator after conclusion of the arguments of both the parties reserved the matter for passing and publishing of final award, however, the learned Arbitrator could not publish the final award within the extended period and a requested was made by him to seek extension of time before this Court. 3. It is further averred that the petitioner company thereafter filed an application before this Court being Arb P No. 62 of 2024, which was allowed vide order dated 23.08.2024 by extending the period for publication of award by six months w.e.f. 21.08.2024; that the petitioner company has received another e-mail from the learned Arbitrator, requested for approaching this Court for further extension to enlarge the mandate of the tribunal for conclusion and publication of the final award. 4. Lastly, it is averred that since the matter involves technical issues and the pleadings, documents and evidence are contained in huge voluminous records which will consume considerable period of time for their appreciation, it may take some more time for the learned Arbitrator to give his findings on the issues involved in the arbitration proceedings and for publication of the final award and prayed for extending time by a period of six months, w.e.f. 21.02.2025 for passing and publishing the final award by the Sole Arbitrator. 5. Notice. Mr. Vishal Sharma, learned DSGI accepts notice on behalf of the respondents, who submits that he has no objections in case this petition is allowed. 3 Arb P No.7/2025 6. Heard learned counsel for the parties at length and scrutinized the record. 7. In view of the submissions made by learned counsel for the parties, this petition is allowed by extending further period of three months from 21.02.2025 for passing and publishing of the final award by the Sole Arbitrator in accordance with law in respect of disputes between the parties arising out of contract being CA No. CEAFU-11/15-16 (Construction of Blast PENS and Allied Works at Air Force Station Udhampur). A copy of this order be supplied to the sole Arbitrator, namely, Maj. General K. Gajria (Retd.). 8. Disposed of as above. ( (Tashi Rabstan) Chief Justice Jammu 07.02.2025 Pawan Angotra Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No Pawan Angotra 2025.02.10 13:21 I attest to the accuracy and integrity of this document