HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (THROUGH VIRTUAL MODE) Case: Arb P No. 06/2026 M/S Qmax Infrastructures LLP ..... Petitioner(s)/Appellant (s) Through :- Mr. Saqib Shabir, Advocate. v/s U.T. of J&K and Ors. .....Respondent(s) Through :- Mr. Waseem Gul, GA vice Mr. Illyas Nazir Laway, GA. CORAM: HON’BLE THE CHIEF JUSTICE (ACTING) ORDER 05.06.2026 (ORAL) 01. This petition under Section 11 of the Arbitration and Conciliation Act 1996 (for short ‘the Act’) has been filed by the petitioner seeking appointment of an independent arbitrator to adjudicate upon the disputes arising out of a Contract allotted by the respondents vide order CE/RBK/WS/8812-14 dated 28-06-2019. The contract which has come into been between parties contains an Arbitration Clause i.e., Clause 24 and 25 of Section 4 of the Special Conditions of Contract. It is submitted by learned counsel for the petitioner that with a view to have the disputes adjudicated, the petitioner served upon the respondents a notice for appointment of an Arbitrator but the same was not acceded to by the respondents on the ground that the matter was sub-judice in this Court. He submits that in view of the reluctance on part of the respondents to adhere the Arbitration Clause and appointment of an Arbitrator, he was constrained to file the instant application seeking intervention of this Court to appoint an independent Arbitrator. 02. Notice of the application was given to the respondents on 17.04.2026. Sr. No. 35 03. Mr. Illyas Nazir Laway, learned Government Advocate appearing for the respondents had sought couple of adjournments to file objections. Despite last and final opportunity to file the response granted by this Court on 15.05.2026, the respondents have not filed their objections. It is, thus, evident that the respondents have no serious objections to the appointment of an independent Arbitrator. 04. In view of the admitted position that the disputes have arisen out of the Contract entered into between the parties and, that the parties have chosen to resolve their dispute through arbitration provided in the Arbitration Clause of the Contract, this application is allowed. 05. With consent of learned counsel for the parties, Mr. Justice Muzaffar Hussain Attar (Former Judge of the High Court of Jammu & Kashmir and Ladakh) is appointed as the sole arbitrator who shall be entitled to charge fee under Fourth Schedule of the Act. 06. An endeavour shall be made by the learned Arbitrator to conclude the proceedings and make award within the statutory period. 07. A copy of this order be furnished to the learned Arbitrator for entering the reference. 08. Disposed of accordingly. (SANJEEV KUMAR) CHIEF JUSTICE (A) JAMMU 05.06.2026 Sunita