Jammu & Kashmir High Court – Srinagar Bench
At Srinagar vs Chief Engineer Jal Shakti & Ors on 6 June, 2025
2025:JKLHC-SGR:172
Sr. No.01
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
Arb P No.53/2024
Classic Construction Company ...Petitioner(s)/Appellants.
Through: Mr. Luqman S. Dar, Advocate.
Mr. Javaid Ahmad, Advocate.
Vs.
Chief Engineer Jal Shakti & Ors. ....Respondent(s)
Through: Mr. Jahangir Ahmad Dar, GA.
CORAM:
HON'BLE THE CHIEF JUSTICE
ORDER
06.06.2025
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 petitioner being a contracting agency participated in the
tendering process and having been found to be the lowest bidder was
awarded the work of “Design, Construction, successful testing &
commissioning, providing, laying and fitting of DI/GI Raw water main
(RWM), supply mains, distribution network, Intake Chamber cum crude
filter at Head Site incl. crate protection on Intake Channel at Of take
point, Anchor/ Thrust blocks on RWM & Sub Main, Sluice/ Washout
Chambers, Approach Road, Staff quarter near Rapid sand Filtration
Plant site, Retaining Walls, Brest walls, Chemical Shed and Chain-link
fencing (Balance part) with Trial run for 06 months after completion of
the Construction Work and maintenance for a period of five year for all
newly proposed and existing structures like PST, 0.19 MGD Rapid sand
Filtration Plant, 0.90 lac Gallon Capacity Service Reservoir Clear Water
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2025:JKLHC-SGR:172
sump on TURNKEY BASIS for WSS Repora Bala under JKIDFC
including Conducting complete necessary soil tests as required at selected
site, as per the Parameters/ Specification mentioned the tender
document” vide allotment letter dated 09.01.2021. The petitioner,
accordingly, mobilized his resources for execution of the work, however,
the National Institute of Technology, on taking notice of the site, pointed
out engineering flaw and advised not to implement the work in the present
form. In addition to this, it is submitted that respondent department was
also unable to procure the technical sanction for execution of the contract.
It is stated that the aforesaid issues were deliberated with the respondents
and in this regard a meeting was held with the respondent Chief Engineer
on 15.09.2023. However, the respondents without taking into consideration
the technical flaw in the scheme are adamant to execute the scheme.
Therefore, the petitioner, in order to seek resolution of the dispute invoked
Clause 57.5 and sought constitution of the arbitral tribunal in terms of
communication dated 13.12.2023. And the petitioner on his behalf
nominated Mr. Showkat Jeelani (Retired Chief Engineer R&B) to act as
arbitrator and requested the respondents to nominate a person on their
behalf. In response to the said letter, the respondents instead of nominating
their arbitrator, issued communications 06.08.2024 and 14.09.2024,
intending to take penal action against the petitioner. It is submitted that
despite the respondents having been requested for constitution of the
arbitral tribunal, the respondents have failed to act and direct constitution
of the arbitral tribunal. Hence, this petition.
3. Pursuant to the notice issued by this Court, the respondents had
caused appearance, however, despite number of opportunities, they failed
to file response/ objections.
4. The existence of the arbitration clause, as aforesaid, and its
invocation by the petitioner vide notice dated 13.12.2023 is not disputed.
5. Although, as indicated earlier, the respondents failed to file
objections to the petition but during the course of hearing, learned counsel
for the respondents pleads no objection in case the petition is allowed.
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2025:JKLHC-SGR:172
6. In the given facts and circumstances, coupled with statement made
at the Bar by learned counsel for the respondents, the application is
allowed. Accordingly, with consent of learned counsel for the parties, Mr.
Justice Tashi Rabstan (Former Chief Justice, High Court of Jammu &
Kashmir and Ladakh) 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.
7. Registry to send a copy of this order to the learned arbitrator.
(ARUN PALLI)
CHIEF JUSTICE
Srinagar
06.06.2025
Abdul Qayoom, Secy.
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