HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Arb App No.5/2025 Chief Executive Officer, Dodhpathri Development Authority ...Appellant(s) Through:- Mr. Abdul Rashid Malik, Sr. AAG Versus Peerzada Professionals ...Respondent(s) Through:-Mr.Mehraj-Ud-Din Bhat, Advocate Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE (through virtual mode) HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE ORDER 26.09.2025 1. With the appearance of the learned counsel for the caveator, caveat No.2060/2025 stands discharged. 2. This appeal by the Chief Executive Officer, Dodhpathri Development Authority, Budgam, filed in terms of Section 37 of the Arbitration & Conciliation Act, 1996 [“the Act of 1996”] is directed against an order dated 11.08.2025 passed by the Additional district Judge, Srinagar in Arbitration Petition under Section 34 of the Act of 1996 titled Chief Executive Officer, Dodhpathri Development Authority v. Peerzada Professionals, whereby the petition filed by the appellant herein has been dismissed on the ground of limitation as well as on account of 2 failure of the appellant to make pre-deposit of 75% of the award amount. 3. After arguing for some time, learned counsel appearing on both sides consented to disposal of this appeal in the following manner: “That the delay in filing the petition under Section 34 of the Act of 1996 before the Additional District Judge, Srinagar may be condoned and the petition entertained subject to deposit of 75% of the award amount in the Court.” 4. Having considered the matter in light of the submissions made by both the sides and having regard to the consensus arrived at, this appeal alongwith connected application is disposed of by providing as under:- i) The impugned order dated 11.08.2025 passed by the Additional District Judge, Srinagar is set aside. The delay in filing the petition under Section 34 of the Act of 1996 before the Additional District Judge, Srinagar is condoned. ii) The petition of the appellant herein shall be entertained and considered by the Additional District Judge, Srinagar on merit subject to depositing of 75% of the award amount within a period of four weeks from today. (Sindhu Sharma) (Sanjeev Kumar) Judge Judge JAMMU 26.09.2025 Vinod, PS Vinod Kumar 2025.09.26 16:25 I attest to the accuracy and integrity of this document