Sr. No.02 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Arb P No.5/2024 Bashir Ahmad Malik …Petitioner(s)/Appellants. Through: Mr. Shariq Jan Riyaz, Advocate. Vs. Union Territory of J&K and others. ….Respondent(s) Through: Mr. Abdul Rashid Malik, Sr. AAG, vice Mr. Ilyas Nazir Laway, GA. CORAM: HON’BLE THE CHIEF JUSTICE O R D E R 22.05.2025 1. The petition at hand has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator. 2. Pursuant to the notice inviting tenders by respondent no.3 for “reconstruction of the Ziyarat Shareef (Noor Shah Bagdadi R.A.) for above plinth level construction”, the petitioner participated in the bidding process and was declared a successful bidder. And was allotted the contract vide allotment order dated 04.07.2019 at a cost of Rs.42 lacs. The contract allotted to the petitioner came to be cancelled by the respondents vide order dated 13.02.2023 on the ground that the components shown in the allotment order are not in accordance with the components of the DPR. Feeling aggrieved by the cancellation order dated 13.02.2023, the petitioner approached the writ court by filing WP(C) No.716/2023. The writ petition was disposed of in the following terms: “06. For the foregoing reasons, the writ petition, in so far it pertains to challenge to the impugned order of cancellation of allotment, is dismissed. However, a direction is issued to the respondents 1 to 4 to immediately and forthwith constitute a team of officers (experts) to take measurements of the work of the Shrine executed by the petitioner. The petitioner shall also be associated in the process of measurements. The respondents shall assess the amount payable to the petitioner for the work executed by him and disburse the same within a period of two months from today provided there no dispute with regard to the quality of work executed. The disbursement of admitted payment to the petitioner shall be without prejudice to his right to work out his remedy for claiming compensation for breach of contract, if any, by invoking arbitration clause.” 3. It is submitted that the dispute which has arisen between the parties relates to the illegal termination of the contract by the respondents and the same requires to be resolved by the Arbitral Tribunal. Further, it is submitted that, despite service of notice in terms of Section 21 of the Arbitration and Conciliation Act, 1996, invoking arbitration clause 29 of the NIT, the respondents failed to act in the matter and direct appointment of an arbitrator. Hence, this petition. 4. 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 the petitioner is estopped to file the present petition as he had already approached the Writ Court vide WP(C) No. 716/2023. And in terms of the directions issued by the Writ Court, the respondents had constituted a team of experts for assessing the work done and allied details. But the petitioner without waiting for the outcome of the exercise undertaken by the team of experts approached this Court by filing the petition under Section 11(6) of the Act. It is stated that on account of the objections that were raised by the locals as also the Auqaf Committee that the work shall be carried out as per the revised DPR, the execution of the work got stopped. The respondents, therefore, seek dismissal of the writ petition. 5. However, the existence of the arbitration clause, as aforesaid, and its invocation by the petitioner vide notice dated 05.02.2023 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, 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, after charging the prescribed fee along with incidental expenses to be shared by the parties. (ARUN PALLI) CHIEF JUSTICE Srinagar 22.05.2025 Abdul Qayoom, Secy. Abdul Qayoom Lone I attest to the accuracy and authenticity of this document 23.05.2025 00:35