Sr. No.01 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (Through Virtual Mode) Arb P No.4/2026 Anubhav Khajuria &Petitioner. Through: Mr. V. Bhushan Gupta, Sr. Advocate, with Mr. Karam Vir Bhushan, Advocate. Vs. Commissioner (Srinagar Municipal Corpn.) & Ors. &.Respondent(s) Through: Mr. Bikramdeep Singh, Dy.AG. CORAM: HON’BLE THE CHIEF JUSTICE O R D E R 24.04.2026 1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator. 2. The case set up by the petitioner is that the respondents vide e- Notice Inviting Tender No.REP 05/JCW dated 26.12.2024 invited bids from Animal Welfare Organisation (AWOs)/ Agencies/ Entities/ Companies/ Firms/ Non-Government Organisation, registered with Animal Welfare Board of India to carry out the work of Animal Birth Control and Anti Rabies Vaccination (ABC & ARV) Programme and De-worming of 21,600 stray dogs over a period of 16 working months within the jurisdiction of Srinagar Municipal Corporation. The petitioner, being eligible, participated in the bidding process and emerged as the successful bidder. Accordingly, an agreement dated August 12, 2025 was executed and the petitioner started to carry out the work assigned to it. During the process of execution of the work, the respondents issued a show cause notice dated September 20, 2025 against the petitioner alleging some lapses on his part and asking the petitioner to stop the ABC Programme and vacate the ABC Centre Premises immediately. The petitioner, accordingly, responded to the said show cause notice, however, yet another notice dated October 6, 2025 came to be issued against the petitioner seeking a detailed reply/ written explanation. The petitioner submitted a detailed reply, however, it is urged, that despite lapse of considerable time, no further steps are being taken by the respondents resulting in continuation of suspension of ABC Programme and vacation of ABC centre Premises, causing immense financial losses to the petitioner. 3. It is further urged that Article-3 of the agreement entered between the parties provides that in case of any dispute, the same shall be settled mutually and in case of disagreement the same shall be referred to Commissioner SMC to act as sole arbitrator. However, it is submitted that the Commissioner, SMC, cannot act as a sole arbitrator being a party to the lis. Accordingly, a legal notice dated January 19, 2026 came to be issued by the petitioner to the respondents requesting for reference of the dispute(s) to an independent arbitrator. However, the respondents despite receipt of the legal notice have failed to act, hence the petition at hand. 4. Pursuant to the notice issued by this Court, the respondents though caused appearance but no reply/ response has been filed on their behalf. 5. Learned counsel for the respondents vehemently disputes/denies the claim that is sought to be made by the petitioner. It is urged that the claim of the petitioner is apparently misconceived and untenable, and thus deserves to be rejected. However, the existence of the arbitration clause, as aforesaid, and its invocation by the petitioner is not disputed. He, accordingly, submits that let an arbitrator be appointed but the respondents be granted liberty to raise all possible pleas in this regard before the arbitrator. 5. Accordingly, in the wake of the position sketched out above and in terms of the statement made by the learned counsel for the respondents, the petition is allowed. And, with consent of learned counsel for the parties, Mr. Mehraj-Ud-Din Sofi, Retired District & Sessions Judge [Mobile No. 9419970965] 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 possible pleas/ objections as regards the subject matter before the learned Arbitrator. 6. Registry to send a copy of this order to the learned arbitrator (ARUN PALLI) CHIEF JUSTICE Srinagar 24.04.2026 Abdul Qayoom, Secy. Abdul Qayoom Lone I attest to the accuracy and authenticity of this document 27.04.2026 11:29