Sr. No.08 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Arb P No.80/2024 M/s Pardeep Electricals and Builders 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 Private Limited Company, a contract agreement bearing CA No.CESZ-14/2009-10 for “PROVN OF DEFI OTM ACCN AT 257 TRANSIT CAMP AT LEH” for an amount of Rs.5,06,34,760.96/- was accepted by the Chief Engineer 31 Zone vide letter no.180845/CESZ-14/-/E8 in favour of the petitioner on 18.03.2010 whereafter the work order was issued in favour of the petitioner vide letter dated 9th April, 2010. The date of commencement of the work was April 21, 2010 and completion date was shown as April 20, 2013. Accordingly, the petitioner took up the subject work and completed the first phase of the work on 3rd October 2013 and the second phase was completed on 13th October, 2014 to the satisfaction of the respondents and work completion letter is also stated to have been issued in favour of the petitioner. It is stated that after completion of the work, final bill was submitted to the respondents but despite repeated requests having been made in this regard for release of the same, the payment was delayed by the respondents on one pretext or the other and despite lapse of considerable time, the respondents have not made the final payment. The respondents having failed to make payment in relation to the execution of the subject contract in favour of the petitioner, number of communications are stated to have been addressed to the respondents but to no avail. Finally, in failing in his attempts to seek release of the payment, the petitioner lastly served a legal notice dated 10.07.2024 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 had caused appearance and filed the response. In brief what is sought to be urged is that site was handed over to the petitioner on April 21, 2010 and execution of the work got delayed by one and half year and was completed on October 13, 2014 and extension was according granted up to the said date. It is further submitted that the final bill was required to be submitted within three months from the date of completion of the work which the petitioner has failed to do. The respondents have admitted that final bill is pending and the request of the petitioner for appointment of an arbitrator is pending consideration with the respondents. 4. The existence of the arbitration clause, as aforesaid, and its invocation by the petitioner vide notice dated 10.07.2024p 5. is not disputed. 6. Although, as indicated earlier, the respondents have filed objections to the petition but during the course of hearing, learned counsel for the respondents pleads no objection in case the petition is allowed. 7. 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. Raj Kumar Sarkar, Retd. Chief Engineer, Railways Flat no.203, Tower 5, Common Wealth Games Villages Delhi 110092, 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. 8. 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