Sr. No.02 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Arb P No.38/2025 Ashok Kumar …Petitioner. Through: Mr. Ankush Manhas, Advocate. Vs. UT of J&K and others. ….Respondent(s) Through: Ms. Monika Kohli, Sr. AAG. 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. Pursuant to the notice inviting tenders by the respondents for “construction of Residential Qtrs for Medical Superintendent and Deputy Medical Superintendent in SMGS Hospital, Jammu”, the petitioner participated in the bidding process and was declared a successful bidder. And was allotted the contract vide allotment order dated 05.10.2017. It is submitted that, as per the contract terms, the work was to be commenced within seven days from the date of allotment. Accordingly, the petitioner mobilized his resources for execution of the work but owing to the failure of the respondents to handover the possession of the site to the petitioner, the work could not be executed. In this regard, a number of communications were made by the petitioner to the respondents for handing over the site but to no avail. The respondents having failed to handover the site to the petitioner, a legal notice dated February 27, 2025, was served upon the respondents invoking arbitration clause 18 of the Allotment Letter dated 05.10.2017, seeking appointment of an arbitrator in the matter. But despite service of notice invoking arbitration clause 18 of the Allotment Letter, 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 27.02.2025 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, Mr. R. K. Jain, Retired District & Sessions Judge, 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