M/S ABDUL QAYOOM DAR v. UNION OF INDIA AND ORS. (CENTRAL PUBLIC WORKS DEPARTMENT)
Arb P/22/2025 · 2025-09-19
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8089 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8089 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No.5 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
Arb P No.22/2025
M/s Abdul Qayoom Dar …Petitioner(s)/Appellants. Through: Mr. Luqman Shahzad Dar, Advocate, & Mr. Javaid Ahmad Dar, Advocate, vice Mr. Manzoor A. Dar, Advocate. Vs. Chief Engineer 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 19.09.2025
1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator. 2. The petitioner being a proprietorship concern engaged in the business of civil construction and contracting, was awarded the work
“Administrative Block at GC, CRPF Lethpora Srinagar (J&K)” and a formal contract was entered into on June 5, 2021. It is urged that during the execution of the contract, numerous disputes as indicated in para 4 of the petition arose between the parties. And, therefore, the petitioner, strictly in terms of the mandatory requirement contained in Clause 25 of the agreement, made a number of requests to the Additional Director General, seeking constitution of Dispute Redressal Committee, to resolve the disputes arisen. Further, it is submitted that owing to the failure of the respondents to constitute a Dispute Redressal Committee, the petitioner was constrained to invoke the arbitration Clause 25 of the agreement seeking appointment of an arbitrator in terms of notice dated May 3, 2025. However, owing to the non-consideration of the said request, the petitioner has been constrained to approach this Court in terms of Section 11(6) of the Arbitration and Conciliation by the medium of petition at hand. 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 May 3, 2025, 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 petition 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 19.09.2025 Abdul Qayoom, Secy. Abdul Qayoom Lone I attest to the accuracy and authenticity of this document 19.09.2025 03:29