Sr. No.10 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Arb P No.1/2025 M/s Kissan Motors Space Engineers …Petitioner(s)/Appellants. Through: Mr. N. A. Beigh, Sr. Advocate, with Mr. Mursheed Ahmad, Advocate. Vs. Srinagar Smart City Limited and others. ….Respondent(s) Through: Mr. Bikram Deep Singh, Dy.AG, with Ms. Nawbahar Khan, Assisting Counsel. CORAM: HON’BLE THE CHIEF JUSTICE O R D E R 22.08.2025 1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator. The petitioner being a consortium Pvt. Ltd., is stated to be engaged in providing man-power, digital guide/ crew for operations of E-Buses under the Srinagar Smart City Ltd. The respondents for “Hiring of Man- Power Management Agency for Providing Digital Guide/Assistant (Crew) for Operations of E-Buses under Srinagar Smart City Limited” issued NIT dated 05.08.2023. The petitioner participated in the bidding process and was declared successful bidder in terms of letter of intent dated 21.10.2023. The petitioner, accordingly, submitted the performance security of 10% of the accepted contract amount of Rs.1,09,03,200/- and on receipt thereof, letter of allotment was issued in his favour by the respondents. And the petitioner started to provide the agreed services on November 1, 2022 in accordance with the service contract agreement. It is submitted that invoices submitted by the petitioner for providing the services are required to be cleared by the respondents within 21 days from the date of submission, which the respondents failed to do and as a result a huge amount is stated to have remained unpaid to the petitioner. The petitioner having failed to persuade the respondents to release the payments due to him is stated to have served number of notices upon the respondents including the notice invoking arbitration clause contained in the agreement. It is submitted that respondents not only failed to respond to the notices but also failed to appoint an arbitrator in the matter. Hence, this petition. 2. Pursuant to the notice issued by this Court, the respondents had caused appearance and filed their response. In brief what is sought to be urged is that the petition is not maintainable as no cause of action accrued to the petitioner. It is submitted that the petitioner has failed to spell out the dispute alleged to have arisen between the parties. Further, it is stated in the objections that the petitioner submitted the invoices without the requisite documents resulting in delayed payment. And the verified amount payable to the petitioner has already been paid to him before filing of the present petition. 3. The existence of the arbitration clause, as aforesaid, and its invocation by the petitioner is not disputed. 4. 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. 5. In the given facts and circumstances, coupled with statement made at the Bar by learned counsel for the respondents, the application is allowed. Accordingly, Mr. Gowhar Majid Dalal, Retd. District and Sessions Judge, is appointed as the sole arbitrator. Who shall proceed in the matter in accordance with the provisions of the Act 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. 6. Registry to send a copy of this order to the learned arbitrator. (ARUN PALLI) CHIEF JUSTICE Srinagar 22.08.2025 Abdul Qayoom, Secy. Abdul Qayoom Lone I attest to the accuracy and authenticity of this document 22.08.2025 04:05