HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Arb P No.81/2024 M/s Pardeep Electricals & Builders Pvt. Ltd. Regd. Office 90 A/D, Gandhi Nagar, Jammu 180004 Through Authorised Person Ram Dogra, Age 61 years S/O Sh. Chunni Lal Dogra, R/O Ho. No. 68, Sushil Nagar, Near Jaswant Plaza, Camp Road Talab Tillo, Jammu ….Petitioner(s)/Appellant(s) Through :- Mr. Dheeraj Sharma, Advocate. V/s 1. Union of India Through Chief Engineer (AF) Zone C/O 39 Wing, AF Pin-936839 C/O 56 APO 2. Garrison Engineer (AF) Military Engineering Services Air Force Station Udhampur ….Respondent(s) Through :- Mr. Vishal Sharma, DSGI. CORAM: HON’BLE THE CHIEF JUSTICE ORDER 07.03.2025 1. The present petition has been filed by the petitioner seeking appointment of an independent Arbitrator under Section 11(6) of the J&K Arbitration and Conciliation Act, 1996, to resolve the dispute that has arisen between the parties under the Contract CA No.CEAFU-61/2015-16 amended as CEAFU- 49/2016-17 for Provision of Weather Shelter for Parking of ACFT at a Station Udhampur. 2. It is averred in the petition that on 30.03.2017, CA No.CEAFU-61/2015- 16 amended as CEAFU-49/2016-17 for Provision of Weather Shelter for Parking of ACFT at a Station Udhampur for an amount of Rs.4,90,00,000.00/- was Sr. No. 7 2 Arb P No.81/2024 accepted by the Chief Engineer (AF) Zone, C/O 39 Wing, AF PIN-936839 in favour of the petitioner. The work Order No.1(F) was issued in favour of the petitioner by GE(AF) Udhampur on 03.04.2017. The work was handed over to the petitioner on 20.04.2017 and its commencement was started on the same day itself. It is averred in the petition that the date for completion of the work was 19.10.2018. The petitioner company completed the given work within the extended period of contract on 31.01.2022. The work completion certificate was issued by GE(AF) Leh in favour of the petitioner on 01.02.2022. In pursuance whereof, the petitioner submitted the final bill, which were not paid to the petitioner. On 10.07.2024, the petitioner vide letter no. PEBPL/CEAFU-49/2016- 17/312 addressed to the Engineer-in-chief Branch (E-8 Section) Integrated HQ of MoD(Army) Kashmir House, Rajaji Marg, New Delhi-110011 requested the respondents to appoint the sole arbitrator. Finally, on 22.08.2024, a resolution is passed by the Board of Directors of the Company in favour of the petitioner. 3. It is submitted by the learned counsel for the petitioner that the agreement executed between the petitioner and the respondents provides that any dispute arising out of the agreement shall be referred to arbitration. It is further submitted that Clause 70 of the General Conditions of Contract (IAFW 2249-1989 PRINT) pertains to settlement of disputes by arbitration. 4. Admitted is the fact that the petitioner has raised certain claims which, according to the petitioner, have not been addressed by the respondents, this Court is of the view that a dispute exists between the parties, which would require resolution. 5. Mr. Vishal Sharma, learned DSGI appearing for the respondents submits that he has no objection for reference of the matter to the Arbitrator for resolution settlement of the claims/dispute arisen between the parties. 3 Arb P No.81/2024 6. Heard Mr. Dheeraj Sharma, learned counsel appearing for the petitioner. Also heard Mr. Vishal Sharma, learned DSGI for the respondents-UOI. 7. In view of consensus between the learned counsel for the parties for appointment of an arbitrator in this case, the present petition is disposed of by appointing Mr. Vijender Kumar Jain, (Retd.) Pr. Chief Material Manager Railways 3rd Floor, Plot No. 429 B Block, Sushant Lok Phase 1 Sector 43, Gurugram, Haryana-122009, to act as the sole Arbitrator in this case, who shall proceed in the matter to decide the dispute between the parties and the arbitrator is entitled to fee in terms of the fee structure as laid down by the Ministry of Defence; as may be applicable, along with other expenses as may be provided along therewith. 8. Parties may raise their claims and counter claims before the Arbitrator. 9. Registry to inform the Ld. Arbitrator accordingly. 10. With the above observation and direction, the petition stands disposed of. Jammu: 07.03.2025 Raj Kumar ) (Tashi Rabstan) Chief Justice