Sr. No.05 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Arb P No.30/2024 M/s Des Raj Nagpal Contractors Pvt. Ltd. …Petitioner. Through: Mr. Dheeraj Sharma, Advocate. Vs. Union of India and another. ….Respondent(s) Through: Mr. Vishal Sharma DSGI. CORAM: HON’BLE THE CHIEF JUSTICE O R D E R 08.08.2025 1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator. 2. The petitioner being a Company, a contract agreement bearing CA No.CEPZ 09/2015-16 for “PROVN OF 04 X 450 MT (136 NEC) IGLOO SHEDS AND ALLIED INFRASTRUCTURE AT 2204 AP BIRPUR (JAMMU)” for an amount of Rs.171833060.00/- was accepted by the Chief Engineer Pathankot Zone, in favour of the petitioner on 03.11.2015 and work order no.1F dated 18.11.2015 was issued in favour of the petitioner by Garrison Engineer Project, Jamu. The date of commencement of the work was December 17, 2015 and completion date was shown as October 16, 2017, however, the time for completion of the work was extended up to April 10, 2019. Accordingly, the petitioner took up the subject work and completed the same on April 24, 2019 to the satisfaction of the respondents and work completion letter is also stated to have been issued in favour of the petitioner. However, the petitioner could not submit the final bill till 2023 as the department failed to supply the abstracts and the deviation orders to the petitioner and finally the petitioner submitted the final bill on 27.03.2023 which is still pending with the respondents. It is urged that despite repeated requests for release of the amounts due to the petitioner, the respondents failed to make the payment. Finally, in failing in his attempts to seek release of the payment, the petitioner lastly served a legal notice dated 26.12.2023 upon the respondents seeking appointment of an arbitrator in the matter. But despite service of notice invoking arbitration clause 70 of the General Conditions of Contract, the respondents have failed to act and direct appointment of an arbitrator. Hence, this petition. 3. Pursuant to the notice issued by this Court, the respondents though caused appearance but no reply/ response has been filed on their behalf. 4. The existence of the arbitration clause, as aforesaid, and its invocation by the petitioner vide notice dated 26.12.2023 is not disputed. 5. During the course of hearing, learned counsel for the respondents pleads no objection in case the petition is allowed. 6. In the given facts and circumstances, coupled with statement made at the Bar by learned counsel for the respondents, the petition is allowed. Accordingly, with consent of learned counsel for the parties, Sh. Vijender Kumar Jain, Retd. Chief Engineer, Railways 3rd Floor Plot no.429 B Block Sushant Lok Phase 1 Sec 43 Gurugram Haryana-122009, is appointed as the sole arbitrator. Who shall proceed with the matter in accordance with the provisions of the Act. And to make an award within the time provided in the Act itself after charging the prescribed fee along with incidental expenses to be shared by the parties. 7. Registry to send a copy of this order to the learned arbitrator. (ARUN PALLI) CHIEF JUSTICE Jammu 08.08.2025 Abdul Qayoom, Secy. Abdul Qayoom Lone I attest to the accuracy and authenticity of this document 18.08.2025 15:32