Jammu and Kashmir High Court

Arb P/5/2021 of M/S BHATIA BUILDERS AND CONTRACTORS TH JAGDISH CHANDER BHATIA Vs UNION OF INDIA TH SECRETARY MINISTRY OF DEFENCE AND OTHERS on 31 December 2022

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JAMMU & KASHMIR AND LADAKH AT JAMMU Arb P No. 5/2021 M/s Bhatia Builders and Contractors ….Petitioner(s)/Appellant(s) Through :- Mr. R. K. Bhatia, Advocate. V/s Union of India and others ….Respondent(s) Through :- Mr. Suneel Malhotra, CGSC. Coram: HON’BLE THE CHIEF

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

Arb P No. 5/2021

M/s Bhatia Builders and Contractors

….Petitioner(s)/Appellant(s)

Through :- Mr. R. K. Bhatia, Advocate.

V/s

Union of India and others

….Respondent(s)

Through :- Mr. Suneel Malhotra, CGSC.

Coram: HON’BLE THE CHIEF JUSTICE (ACTING)

ORDER 31.12.2022

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1. The petitioner has filed instant petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) seeking a direction for appointment of independent Arbitrator to consider his claims and to settle the disputes between the parties under arbitration agreement on the strength of averments made and ground taken in the petition.

2. The brief facts of the case are that the petitioner was allotted a contract for Provn of OTM accommodation for 166 Field Regiment (Phase-I) at Nimmu (Leh) by respondent no.3 vide letter dated 17.02.2011. The petitioner has completed the work allotted to it despite several disputes raised by the respondents.

3. The petitioner vide letter dated 03.10.2017 made a request to respondent no.4 to refer the matter to respondent no.2 for appointment of arbitrator to adjudicate upon the disputes.

4. Today, when the matter is taken up, Mr. Suneel Malhotra, learned counsel appearing for the respondents has produced a communication dated 07.02.2022 which is panel of arbitrators. The said communication is taken on record.

5. Mr. R. K. Bhatia, learned counsel for the petitioner submits that he has no objection in case name figuring at Serial no. 14 i.e. Shri Satish Chander, ADG, MES be appointed as arbitrator.

6. In view of the consensus of the parties for appointing the arbitrator, the application is allowed and Shri Satish Chander, ADG, MES is appointed as sole Arbitrator who shall proceed in the matter in accordance with the provisions of the Act 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.

7. The application stands disposed of accordingly.

8. Registry shall communicate a copy of this order to learned Arbitrator through e-mail as well as ordinary mode.

Jammu: 31.12.2022Raj Kumar

(Tashi Rabstan) Chief Justice (Acting)

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