Disposed

Kuchay Construction, PWD Contractor v. the Chief Engineer and Ors. (Jal Shakti / Phe Department)

J&K HC4 Nov 2022Arb P/5/2022

Case brief

AI extract

What is this about?

This order addresses an arbitration petition filed for appointing an arbitrator under Section 11 of the Arbitration and Conciliation Act. The petitioner invoked the arbitration clause, but respondents failed to appoint an arbitrator. The Court appointed Mr. M.A. Chashoo as the sole arbitrator.

What did the court decide?

Appointment of Mr. M.A. Chashoo as sole Arbitrator to resolve the dispute.

Kuchay Construction, PWD Contractor Vs the Chief Engineer and Ors… — Arbitration | J&K HC (2022)

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Serial No. 02 Regular Causelist

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

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Arb P No. 5/2022

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Kuchay Construction PWD Contractor.

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….. Petitioner(s)

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Through: - Mr. Manzoor A. Dar, Advocate.

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V/s

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The Chief Engineer & Ors.

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….. Respondent(s)

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Through: - Mr. Mohsin Qadri, Sr. AAG.

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CORAM:

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HON’BLE THE CHIEF JUSTICE.

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ORDER

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04.11.2022

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The petitioner on being successful in the tender process was allotted work viz. Design, Provision, Construction, successful Testing and commission of 75000 gallons capacity R.C.C Over Head Tank with staging height of 20 mtrs including trail run and a maintenance period of twenty four months for W.S. scheme Hajin (under Languishing) on Turn Key Basis with providing of pile foundation in terms of agreement dated 30.04.2021.

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In connection with the said contract, certain disputes arose between the parties. Accordingly, petitioner vide Notice dated 15^th February 2022 invoked the arbitration clause, but the respondents failed to refer the disputes to arbitration or to appoint an arbitrator. The petitioner having left with no option, filed the present arbitration petition under Section 11 of the Arbitration and Conciliation Act for the appointment of an arbitrator.

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Mr Mohsin Qadri, learned Sr. AAG submits that the contract contains an arbitration clause in the form of Condition No. 12 of the Agreement, but the arbitrator could not be appointed as the petitioner had not cooperated.

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In view of the aforesaid facts and circumstances, it is certain that the contract contains an arbitration clause and that the petitioner has duly invoked the same, but the arbitrator has not been appointed.

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Learned counsel for the petitioner has cited Abdul Salam Constructions Co. Pvt. Ltd. vs. Engineer in Chief ENC Branch & Ors. 2021 (2) SLJ (HC) 509 to contend that it is not mandatory for the Chief Justice or his designate to appoint only the named arbitrator. The said authority in laying down as above further held that Section 11 of the Act has to be read with sub-Section (8) and therefore, the Chief Justice or his designate in appointing an arbitrator shall have “due regard” to the qualifications prescribed in the contract for the appointment of an arbitrator.

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In view of the above, it is a fit case where this Court ought to appoint an arbitrator to resolve the dispute between the parties in connection with the contract in question.

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Accordingly, keeping in mind that an arbitration clause provides for the appointment of a sole arbitrator, I appoint Mr. M.A. Chashoo, learned AAG, 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.

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Arbitration Application disposed of as above.

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(ALI MOHAMMAD MAGREY)

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CHIEF JUSTICE

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SRINAGAR:

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04.11.2022 “Hamid”

Kuchay Construction, PWD Contractor v. the Chief Engineer and Ors. (Jal Shakti / Phe Department)

Case brief

What is this about?

What did the court decide?

Kuchay Construction, PWD Contractor v. the Chief Engineer and Ors. (Jal Shakti / Phe Department)

Case brief

What is this about?

What did the court decide?

What the court decided

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