Arb P No. 15/2026 Page 1 of 1 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case No. : Arb P No. 15/2026 Date of pronouncement :27.02.2026 Uploaded on : 0.2026 Dr. Anubhav Khajuria ….. Appellant/Petitioner(s) Through: Mr. V.B. Gupta, Advocate Mr. Karan Aggarwal, Advocate Vs Director Urban Local Bodies Jammu and another .…. Respondent(s) Through: Ms. Monika Kohli, Sr.AAG Coram:HON’BLE THE CHIEF JUSTICE ORDER (ORAL) 01. The present petition has been filed under Section 11 of the Arbitration and Conciliation Act 1996 (for short ‘the Act’) for appointment of an independent arbitrator. 02. The rationale giving rise to the dispute is that respondent No. 1 invited e-Notice inviting tender e-NIT No. 07-DULBJ of 2024 dated October 21, 2024 from registered Agencies/NGOs/ Organisations having expertise TO CARRY OUT THE WORK OF ANIMAL BIRTH CONTROL AND ANTI RABIES VACCINATIONS (ABC AND ARB) OF STRAY DOGS WITHIN THE JURISDICTION OF 36 ULBS IN 3 CLUSTERS OF JAMMU DIVISION FOR A PERIOD OF 2 YEARS. The petitioner-M/S Companion Animal Welfare Society (CAWS), Kathua, also submitted its bid and, being a successful bidder to implement the project, on evaluation an Agreement came to be executed on May 29, 2025 between the petitioner and the respondent No. 1. Sr.No. 01 2 03. It is submitted that the petitioner received a Show Cause Notice No. MCK/2025/896-99 dated September 08, 2025 from the office of respondent No. 2, seeking certain clarifications as regards some serious irregularities and verifiable compliance. To which, the petitioner submitted all the requisite documents including particulars of staff engaged, registration certificates etc. Respondent No. 2 unilaterally vide No. DULB/J/2025/3217-18 dated September 22, 2025 ordered suspension of programme, considering the reply by the petitioner, unsatisfactory. Feeling aggrieved thereby, the petitioner requested to review the suspension order, allowing the petitioner to resume ABC operations in the public interest as also the Animal Health. However, the respondents did not accede to the same. It is submitted that as per the Agreement, Respondent No. 1 is the Sole Arbitrator as envisaged in the Article 3 of the Agreement, which is reproduced hereunder for ready reference: “ Article 3 Arbitrator Disputes, if any shall be discussed and mutually settled and in case of disagreement the same shall be referred to First party who shall act a a Sole Arbitrator under the Arbitration and Conciliation Act, 1996 to sort out the disputes. If the decision of the Sole Arbitrator is not acceptable to any of the party, appeal, if any, preferred before the Hon’ble Court; the same shall be subject to the Jurisdiction of Jammu only.” It is further submitted that despite numerous requests to the respondents, the grievance of the petitioner remained unaddressed and the petitioner was constrained to serve a Notice dated January 18, 2026, requesting them to refer the dispute to some other independent Arbitrator. The respondents neither replied to the same, nor opted for appointment of any independent Arbitrator, which compelled the petitioner to approach this Court. Hence, the petition at hand. 3 04. Heard. Notice. 05. Served with advance copy of the petition, Ms. Monika Kohli, learned Senior Additional Advocate General present in Court, accepts notice. 06. The existence of the arbitration clause, as aforesaid, and its invocation by the petitioner vide notice dated January 18, 2026, is not disputed. But learned counsel for the respondents denies the claim that is sought to be made by the petitioner. 07. However, having argued the matter at some length, learned counsel for the respondents, as always, fairly submits that let an arbitrator be appointed as the respondents shall raise all possible pleas/ objections before the arbitrator in this regard. 08. Accordingly, in the wake of the position sketched out above and in terms of the statements made by the learned counsel for the parties, the petition is allowed. And, with consent of learned counsel for the parties, Mr. Sunit Gupta, (Retd.) District & Sessions Judge No. 9419162400 is appointed as the sole arbitrator. Who shall proceed with the matter in accordance with the provisions of the Act. And to make an award within the time provided in the Act itself after charging the prescribed fee along with incidental expenses to be shared by the parties. The respondents are at liberty to raise all the objections as regards the subject matter before the learned Arbitrator. 09. Registry to send a copy of this order to the learned arbitrator. 10. Disposed of. ( (ARUN PALLI) CHIEF JUSTICE Jammu 27.02.2026 Sunita 4