Arb P No. 32/2026 Page No. 1 Serial No. 01 REGULAR CAUSE LIST HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU (Through Virtual Mode) Arb P 32/2026 M/S K K Enterprises Th Phool Chand …Petitioner(s) Through: Mr. Jugal Kishore, Advocate Vs. Union of India Th Ministry of Defence, New Delhi & Others ...Respondent(s) Through: Mr. Vishal Sharma, DSGI with Mr. Karan Sharma, CGSC CORAM: HON’BLE THE CHIEF JUSTICE (ACTING) ORDER 17.07.2026 01. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 ["the Act"], seeking appointment of an independent and Sole Arbitrator for adjudication of the disputes that have arisen between the parties in relation to the contract in question. 02. Learned counsel appearing for the petitioner submits that the petitioner is a proprietary concern registered with the Military Engineering Services (MES) since the year 1997 as a Class 'E' Contractor, acting through its sole proprietor, Mr. Phool Chand. 03. It is submitted that pursuant to Notice Inviting Tender (NIT) issued by respondent No. 3 for execution of Contract No. GEN-27/2017-18, the petitioner participated in the tender process MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 21.07.26 Arb P No. 32/2026 Page No. 2 and emerged as the successful bidder. Consequently, the contract was awarded in favour of the petitioner for a total contract value of Rs. 29, 93,607.50/- 04. It is further submitted that, consequent upon the award of the contract, an agreement was executed between the parties at Jammu. Thereafter, Work Order No. 01(P) dated 24.01.2018 came to be issued by respondent No. 3. As per the terms of the contract, the stipulated period for completion of the work was six months, commencing from 31.01.2018 and ending on 30.07.2018. 04. Learned counsel appearing for the petitioner further submits that disputes subsequently arose between the parties in relation to the execution of the contract. Invoking ‘Condition 70’ of the General Conditions of Contract (IAFW-2249), the petitioner served a notice upon the Chief Engineer, Udhampur Zone, P.O. Garhi, Udhampur, requesting appointment of an Arbitrator. Despite expiry of the statutory period prescribed under the Act, no Arbitrator came to be appointed by the respondents, compelling the petitioner to invoke the jurisdiction of this Court under Section 11(6) of the Act. 05. Upon notice, the respondents have entered appearance through Mr. Vishal Sharma, learned Deputy Solicitor General of India. Despite availing multiple opportunities, respondents have failed to file their objections. Learned counsel appearing for the respondents has fairly submitted that the respondents have no MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 21.07.26 Arb P No. 32/2026 Page No. 3 objection to the appointment of an independent Arbitrator in terms of the arbitration agreement and have not disputed the existence of the arbitration clause. 06. Having heard learned counsel for the parties and upon perusal of the material placed on record, this Court is satisfied that an arbitration agreement exists between the parties under ‘Condition 70’ of the General Conditions of Contract (IAFW-2249) and that disputes have arisen thereunder. The respondents having failed to appoint an Arbitrator despite invocation of the arbitration clause, the petitioner has rightly invoked the jurisdiction of this Court under Section 11(6) of the Arbitration and Conciliation Act, 1996. 07. Accordingly, the petition is allowed and Mr. J. L. Zutshi, Retired Chief Engineer, R/o H. No. 59, MB/B, Gandhi Nagar, Jammu-180004 (Mobile No. 9419135022), is appointed as the Sole Arbitrator to adjudicate upon the disputes that have arisen between the parties under the aforesaid contract. 08. The learned Sole Arbitrator shall, upon entering reference, issue notice to the parties and proceed with the arbitral proceedings strictly in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The learned Arbitrator shall be entitled to charge his fee in terms of the Fourth Schedule of the Arbitration and Conciliation Act, 1996. MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 21.07.26 Arb P No. 32/2026 Page No. 4 09. Registry shall communicate a copy of this order to the learned Sole Arbitrator forthwith for information and necessary compliance. 10. The petition, along with all connected applications, shall stand disposed of. (Sanjeev Kumar) Chief Justice (A) SRINAGAR: 17.07.2026 “Mir Arif” (i) Whether the order is reportable? Yes/No. (ii) Whether the order is speaking? Yes/No. MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 21.07.26