Sr. No.21 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU (Through Virtual Mode) Arb P No.78/2025 M/s Johnson Lifts Pvt. Ltd. …Petitioner(s)/Appellants. Through: Mr. Ankit Vaid, Advocate. Vs. UT of Jammu & Kashmir and others. ….Respondent(s) Through: Ms. Sagira Jaffer, Assisting Counsel to, Ms. Monika Kohli, Sr. AAG. CORAM: HON’BLE THE CHIEF JUSTICE O R D E R 26.09.2025 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 registered Private Limited Company, having participated in the tendering process and found to be the lowest bidder, was allotted a work contract “Design, Manufacture, Supply, Installation, Testing and Commissioning of 08 Passenger Elevator at Additional Accommodation Block for Circuit House Canal Road, Jammu” vide allotment letter dated March 17, 2021. It is urged that petitioner has completed the contract work, however, despite repeated requests, the balance payment of Rs.1,72,510/- as also the earnest money of Rs.38,620/- is not being released by the respondents. It is further urged that, owing to the inaction on the part of the respondents to release the due amounts to the petitioner, the petitioner was constrained to invoke arbitration clause of the contract agreement seeking appointment of an arbitrator in terms of notice dated March 26, 2025. And since the respondents having failed to consider the request of the petitioner, the petitioner has approached this Court in terms of Section 11(6) of the Arbitration and Conciliation Act. Hence, the petition at hand. 3. On asking of the Court, Ms. Sagira Jaffer, Assisting Counsel, accepts notice. 4. The existence of the arbitration clause, as aforesaid, and its invocation by the petitioner vide notice dated March 26, 2025, is not disputed. 5. During the course of hearing, learned counsel for the respondents pleads no objection in case the petition is allowed. However, it is submitted that the respondents be given liberty to put-forth its objections with regard to the subject matter before the arbitrator. 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. Harbans Lal (Retd.) District 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. The respondents are at liberty to raise all the objections as regards the subject matter before the learned Arbitrator. 7. Registry to send a copy of this order to the learned arbitrator. (ARUN PALLI) CHIEF JUSTICE Srinagar 26.09.2025 Abdul Qayoom, Secy. Abdul Qayoom Lone I attest to the accuracy and authenticity of this document 06.10.2025 00:08