HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU AA No. 03/2025 202 M/S D S Construction …..Petitioner(s)/Appellant(s) Through: Mr. Jugal Kishore Gupta, Advocate. q vs Union of India & Ors. .….Respondent(s) Through: Mr. Vishal Sharma, DSGI with Mr. Karan Sharma, CGSC. CORAM: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE ORDER 18.05.2026 01. The petitioner firm has preferred CM No. 1568/2026 for staying the operation of letter/communication No. 25/523/E8 dated 22.12.2025 issued by respondent no. 2 on behalf of respondent no. 1, whereby it has been directed to deposit amount of Rs. 5,55,95,538.32/- through MRO in the Govt. Treasury. 02. A perusal of the application reveals that after invoking Section 9 of The Arbitration and Conciliation Act, 1996 (for short “the Act”), the petitioner firm has availed the remedy under Section 11 (6) of the Act by filing Arb. P. No. 52 of 2025 and this Court, vide order dated 28.11.2025, appointed Mr. Satish Chander, Addl. Director General (Retd.), as the sole Arbitrator. 03. In the aforesaid circumstances, the main petition preferred by the petitioner under Section 9 of the Act cannot be entertained in view of sub-section 3 thereof, which provides that once the Arbitral Tribunal stands constituted, Court shall not entertain application under sub-section 1. Since petitioner has already availed the statutory remedy under Section 11(6) of the Act, present petition is rendered infructuous. 40 2 AA No. 3/2025 04. In view of the above, present petition is disposed of with liberty to the petitioner to avail appropriate remedy, before the sole Arbitrator under Section 17 of the Act, within a period of one week. Till then, impugned letter/communication dated 22.12.2025 shall not be given effect to. 05. Disposed of. (Rajesh Sekhri) Judge Jammu 18.05.2026 Abinash