Sr. No. 01 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (THROUGH VIRTUAL MODE) Arb P No. 51/2025 M/s Tarmac Road and Roof Builders …Petitioner(s)/appellant(s) Through: Mr. Fayaz Ahmad Lone, Advocate. Vs. Union Territory of J and K and others. ...Respondent(s) Through: Mr. Waseem Gul, GA. CORAM: HON’BLE THE CHIEF JUSTICE O R D E R 06-03-2026 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 brief facts of the case as would emerge from the pleadings are that the respondents invited bids for “Construction of additional 3/30 Mtr Span Double Lane PSC Girder Bridge over River Jhelum at Khanabal, Anantnag” vide e-NIT No. 26 of R&B Khanabal/2018-19 dated 19.06.2018. The petitioner, being a civil contractor and engaged in the construction related works, participated in the afore-stated bids and turned up as the lowest bidder. Subsequently, the petitioner came to be awarded the work contract by the respondents pursuant to the Letter of Acceptance vide No. CE/RBK/WS/14116-18 dated 11.08.2018 and Letter to Proceed vide No. CE/RBK/WS/16584-86 dated 08.09.2018. 3. Accordingly, the petitioner mobilized his resources and it is urged that the respondents were under contractual obligation to hand over the entire construction site free from all hindrances and encumbrances in order to execute the work smoothly. However, the respondents failed to do so owing to which entire work came to a standstill since 2018. The petitioner, having faced with this situation, is stated to have made manifold representations requesting removal of the hindrances at the site but to no avail. It is submitted that the petitioner also requested the respondents time and again demanding compensation and payment on account of work done, loss of profit on the balance work, claim for idle charges of men and machinery etc., however, no heed was paid to his requests. 4. It is urged that respondents having failed to act in the matter, notice dated 10.08.2024, under Section 21 of the Arbitration and Conciliation Act, was served upon the respondents and appointment of an arbitrator was sought to adjudicate upon the disputes between the parties or to concur with the petitioner’s nominee within a period of 30 days. It is stated that the said notice came to be duly acknowledged by the respondents but despite receipt, they failed to appoint an arbitrator in the matter. Hence, the petition at hand. 5. Pursuant to the notice issued by this Court, the respondents had caused appearance and filed their response. The respondents inter alia contend that the petition is not maintainable being misconceived. It is urged that the petitioner failed to execute the work as per the term and conditions of the contract and the petitioner was required to complete the work within three years which he failed to do. It is urged that the road on which the Bridge was to be constructed was subsequently declared as National Highway and consequently the jurisdiction of the road was transferred to the BEACON for execution and maintenance. As a result, the respondent had no authority to execute or continue with the work and, as such, the contract stood frustrated. It is, therefore, urged that since the petitioner has no cause of action to file the petition at hand, as such, it is prayed that same may be dismissed. 6. However, existence of the arbitration clause, as aforesaid, and its invocation by the petitioner vide notice dated 10.08.2024 is not disputed. Accordingly, learned counsel for the respondents, as always, fairly submits that let an arbitrator be appointed, but since the claim that is sought to be made by the petitioner is apparently misconceived/untenable, the respondents be granted liberty to raise all possible pleas/ objections before the arbitral tribunal/ arbitrator in this regard. 7. Accordingly, with the consent of learned counsel for the parties, Mr. Basharat Saleem Kawoosa, Retired Chief Engineer, 15, Mount View Colony, Zakura, Srinagar, (Mob. No.9419428949) 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. The petition is accordingly disposed of with the above terms. 9. Registry to send a copy of this order to the learned arbitrator. (ARUN PALLI) CHIEF JUSTICE Srinagar 06.03.2026 Abdul Qayoom, Secy. Abdul Qayoom Lone I attest to the accuracy and authenticity of this document 09.03.2026 12:20