Jammu & Kashmir High Court - Srinagar Bench
Granco Industries Construction Ltd vs Union Of India & Ors on 9 October, 2019
Author: Chief Justice
Bench: Chief Justice
Serial No. 12
Advance List
IN HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
AA No. 2/2017
Granco Industries Construction Ltd. ...... Petitioner(s)
Through: Mr. Mohsin Qadri, Advocate.
V/s
Union of India & Ors. .....Respondent(s)
Through: Mr. T.M.Shamsi, ASGI &
Ms. Insha Rashid, Advocate.
Coram:
Hon'ble the Chief Justice.
ORDER
09.10.2019
1. It appears that the present petition under Section 11 of the J&K Arbitration and Conciliation Act 1997 was filed by the petitioner on 15th February, 2017.
2. The respondents have submitted that by an order dated 14th February, 2017, Brig. Neeraj Parashar, Chief Engineer was appointed as sole Arbitrator from the panel of arbitrators in terms of the condition No. 70 of IAFW-2249 in the general conditions of contract.
3. My attention has been drawn to the interim order dated 26 th April, 2017 passed by this court whereby it was directed that the proceedings before the appointed arbitrator shall await further orders from this court.
4. Mr. Mohsin Qadiri, learned counsel for the petitioner submits that despite this order, a further communication dated 8th October, 2018 has been received from Sh. Baljit Singh, Chief Engineer (QS&C), informing the petitioner that he had been appointed as sole arbitrator by the Engineer-in- Chief, MES, Dte of Contract Management vide letter No. 13600/NC/495/17/E8 dated 20th September, 2018.
2
5. Mr. Mohsin Qadiri, learned counsel for the petitioner submits that he will place the copy of this communication on record.
6. Mr. T.M.Shamsi, learned ASGI submits that he may be given some time to take instructions in the matter.
7. List on 4th February, 2020.
8. Needless to say, the order dated 26th April, 2017 shall bind Mr. Baljit Singh, who is claiming to have been appointed as sole arbitrator with regard to the disputes which are the subject matter in the present petition.
9. Copy of this order be given to the learned counsel for the parties under the seal and signatures of the Bench Secretary.
(Gita Mittal) Chief Justice Srinagar 09.10.2019 Tilak, Jt. Reg./Secy