Research › Search › Judgment

High Court of Jammu and Kashmir · body

2025 DAILYLAW 7647 (JK)

M/S. KHAJURIA CONSTRUCTIONS v. UNION OF INDIA AND ORS. (BORDER ROADS)

Arb P/20/2024 · 2025-07-18

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.20/2024 M/s Khajuria Constructions …Petitioner. Through: Mr. Mir Umar, Advocate. Vs. Union of India and others. ….Respondent(s) Through: Mr. T. M. Shamsi, DSGI, with Ms. Rehana Qayoom, Advocate. CORAM: HON’BLE THE CHIEF JUSTICE O R D E R 18.07.2025 1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator. 2. In terms of letter dated May 10, 2016, contract work “Design and Construction of 90 MTR Major PMT Bridge (Harka Bahadur Bridge) with Steel Super Structure Over Singo River at KM 199.75 on Road Zozila-Kargil-Leh in 55 RCC (GREF)/762 BRTF under Project Vijayak in Leh-Ladakh Region of J&K State : CA No.CE(P)VIJAYAK/02/2016- 17 was awarded in favour of the petitioner for an estimated cost of Rs.7,19,00,000/-. It is submitted that owing to the demand raised by the locals for grant of compensation and also due to change in abutment size twice by the respondents, the execution of the work got delayed resulting in heavy losses to the petitioner. It is submitted that respondents have taken over the construction site and they intend to re-tender the work. Further, it is submitted that respondents having failed to make payment of compensation and making the payment of bills, the petitioner issued a notice dated September 6, 2023, invoking arbitration clause of the contract agreement, seeking appointment of an arbitrator in the matter. But despite service of notice, the respondents have failed to act and direct appointment of an arbitrator. Hence, this petition. 3. Pursuant to the notice issued by this Court, the respondents though caused appearance but no reply/ response has been filed on their behalf. 4. The existence of the arbitration clause, as aforesaid, and its invocation by the petitioner vide notice dated 06.09.2023 is not disputed. 5. During the course of hearing, learned counsel for the respondents pleads no objection in case the petition is allowed. 6. In the given facts and circumstances, coupled with statement made at the Bar by learned counsel for the respondents, the application is allowed. Accordingly, with consent of learned counsel for the parties, Mr. Justice Tashi Rabstan (Former Chief Justice, High Court of Jammu & Kashmir and Ladakh) R/o Plot No.2, Lane No.13, Tawhi Vihar, Sidhra, Jammu-180019, 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. 7. Registry to send a copy of this order to the learned arbitrator. (ARUN PALLI) CHIEF JUSTICE Srinagar 18.07.2025 Abdul Qayoom, Secy. Abdul Qayoom Lone I attest to the accuracy and authenticity of this document 18.07.2025 16:24