CLASSIC CONSTRUCTION COMPANY v. CHIEF ENGINEER AND ORS. (JAL SHAKTI / PHE)
AA/12/2024 · 2025-08-22
Rahul Bharti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9127 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9127 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No.32 Suppl. List IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR
AA No. 12/2024 Classic Construction Company … Appellant(s) Through: Ms Muzamil Jabeen, Adv. Vs Chief Engineer and Ors. …Respondent(s) Through: Mr. Jahangir Ahmad Dar, GA. CORAM:
HON’BLE MR JUSTICE RAHUL BHARTI, JUDGE
O R D E R 22.08.2025
1. In view of a fact being reported to this Court by Ms. Muzamil Jabeen, the learned counsel for the petitioner, that the learned arbitral tribunal has entered the reference and proceedings are going to commence from tomorrow i.e., 23.08.2025, as such, the petitioner would have an opportunity of seeking indulgence of the learned arbitral tribunal in terms of the jurisdiction under section 17 of the Arbitration and Conciliation Act, 1996, for seeking interim measures with respect to the communications Nos. SE/HYD/Sgr/DB/2249-51 dated 06.08.2024 and PHE/PWSD/COM/5002-04 dated 14.09.2024 for which jurisdiction of this court under section 9 of the
Arbitration and Conciliation Act, 1996 has come to be invoked.
2. This Court, in terms of order dated 05.10.2024, came to direct the operations of the aforesaid communications to be in abeyance.
3. This petition is disposed of with liberty reserved to the petitioner to invoke section 17 of the Arbitration and Conciliation Act, 1996 before the learned arbitral tribunal within a period of twenty days from the date of passing of this order till which time the interim direction imparted by order dated 05.10.2024 by this Court shall remain in force, thereupon it shall be the discretion of the arbitral tribunal to consider the application, if any, to be made under section17 of the Arbitration and Conciliation Act, 1996 and consider the matter on merits uninfluenced by the fact that this Court granted indulgence in terms of the order dated 05.10.2024.
3. Disposed of.
(RAHUL BHARTI)
JUDGE SRINAGAR 22.08.2025
“Shamim Dar”