HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM(M) No.159/2025 M/s J&K Integrated Textile Park Ltd. and another ….Petitioner(s) Through :- Mr. Vishal Goel, Advocate V/s Chenab Machinery and Engineering Pvt. Ltd. and others ….Respondent(s) Through :- CORAM: HON’BLE MS.JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 04.06.2025 1. The petitioners in this petition have sought jurisdiction of this Court vested under Article 227 of the Constitution of India, thereby seeking a direction upon the Principal District Judge, Kathua (hereinafter to be referred as “the trial Court”) for deciding the execution petition titled J&K Integrated Textile Park Ltd. v. Chenab Machinery and others, which is pending before the trial Court for the last more than three years, expeditiously. 2. It is stated that the petitioners and respondents, by consensus, have appointed one Sh. Shiv Rattan, Advocate, as their sole arbitrator and referred their dispute for adjudication to him. The sole arbitrator conducted the arbitration proceedings under the Arbitration and Conciliation Act, 1996 and passed an award/decree dated 25th August, 2021. In terms of the award of the arbitrator, the petitioners herein were awarded 50% share as owners in Chenab Machinery & Engineering Private Limited, which company is presently being run and managed by the respondents, who are shareholders 101 2 in the said company. After passing of the award, the petitioners herein requested the respondents herein to give effect to the decree/award passed by the sole arbitrator on 25th August, 2021. However, the respondents declined to adhere to the requisites of the decree/award dated 25.08.2021, passed by the sole arbitrator. It is stated that refusal on the part of the respondents to honour the award passed by the arbitrator, compelled the petitioners to seek execution of the arbitrator’s award under the Code of Civil Procedure, before the Court of learned Principal District Judge, Kathua. Application for execution of the award was filed before the trial Court on 07.03.2022. It is stated that the respondents have been served in the execution proceedings in the year 2022 itself and since then execution application is pending and has not been decided. 3. It is stated that the Supreme Court in catena of its pronouncements issued directions to the Courts to decide the execution proceedings within a period of six months, based upon which High Court of J&K and Ladakh has also made amendments in the Jammu and Kashmir General Rules (Civil) Svt. 1978. 4. The petitioners have placed on record the proceeding sheets along with their translated version in English. A perusal of the proceeding sheets indicates that the proceedings in the execution petition could not be concluded on account of the adjournments sought by counsels for the parties. 5. Be that as it may, in the interest of justice, the Court of learned Principal District Judge, Kathua is requested to conclude the proceedings in the execution application No.7/2022 titled J&K Integrated Textile Park 3 Limited and another v. Chenab Machinery and Engineering Pvt. Ltd. and others, expeditiously within a period of three months from the date of receipt of copy of this order. 6. The petition shall stand disposed of in the above terms. Jammu: 04.06.2025 Vinod ) (Moksha Khajuria Kazmi) Judge Whether order is reportable:Yes/No Vinod Kumar 2025.06.05 15:49 I attest to the accuracy and integrity of this document