Research › Search › Judgment

High Court of Jammu and Kashmir · body

2025 DAILYLAW 6994 (JK)

M/S BHIMA FARM VILLE v. J AND K AGRO INDUSTRIES DEVELOPMENT CORPORATION LIMITED

Arb P/10/2025 · 2025-05-08

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No.01 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Arb P No.10/2025 M/s Bhima Farm Ville …Petitioner(s)/Appellants. Through: Mr. Hakim Suhail Ishtiyaq, Advocate. Vs. J&K Agro Industries Development Corpn. Ltd. ….Respondent(s) Through: Mr. Zahid Qais Noor, GA. CORAM: HON’BLE THE CHIEF JUSTICE O R D E R 08.05.2025 1. The petition at hand is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator. 2. The case set up by the petitioner is that he having responded to two separate E-NITs dated 22.06.2023, was declared as a successful bidder and, accordingly, 05 chambers of 550 MT Cold Store and 60 MT Ripening Chamber at Lal Mandi and 08 Chambers of 320 MT Cold Store at Chenani District Udhampur were leased out to the petitioner and with respect to the same two separate agreements dated 26th August, 2023 came to be executed interse parties. However, owing to the multiple deficiencies, the petitioner was unable to use/ utilise the leased infrastructure. And the deficiencies, the said property suffered from, were duly brought to the notice of the respondent. But rather than removing the said deficiencies, the respondents instead vide order dated January 25, 2025 terminated the contract without even issuing a 30 days’ notice as envisaged under Clause 1(f) of the agreement. 3. The petitioner purport to have invoked the arbitration clause as contained in the contract and requested for appointment of an arbitrator to decide the genuineness of the claim raised by the petitioner. 4. On notice, Mr. Zahid Qais Noor, GA, appears on behalf of the respondent and submits that respondent has no objections in the event the petition is allowed and an arbitrator is appointed in the matter. 5. In view of the statement tendered by the learned counsel for the petitioner, with the consent of learned counsel for the parties, the petition is allowed and Mr. Justice Muzaffar Hussain Attar (Retd. Judge High Court of J&K) 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. Arbitration Petition stands disposed of. (ARUN PALLI) CHIEF JUSTICE Srinagar 08.05.2025 Abdul Qayoom, Secy. Abdul Qayoom Lone I attest to the accuracy and authenticity of this document 09.05.2025 16:14