Jammu & Kashmir High Court - Srinagar Bench
Military Engineer Services vs M/S Om Constructions on 22 June, 2022
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
S. No. 52
Supplementary
IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
TrP (C)No. 11/2022
CM No. 2755/2022
Military Engineer Services. ...Petitioner(s)
Through: Mr. A.S. Sodhi, AAG.
Mr. Mir Majid Bashir, Advocate.
Vs.
M/S Om Constructions. ...Respondent(s)
Through: None
CORAM:
HON'BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
22.06.2022 In the instant petition, the petitioner has sought transfer of the petition under Section 9 of the Arbitration and Conciliation Act, 1996, in a case titled "M/S Om Construction Vs. Military Engineer Services" from the Court of learned Principal District Judge, Ganderbal, where the main Petition (Arb P 07/2021) under section 11(6) of the Arbitration and Conciliation Act is pending.
Issue notice in the main as well as in the CM returnable within a period of four weeks.
Learned counsel for the petitioner submits that the application under section 11(6)of the Arbitration and Conciliation Act, 1996, which was pending before this Court, has already been disposed of in terms of order dated 27.05.2022. Learned counsel for the petitioner submits that the proceedings before learned Principal District Judge, Ganderbal, under section 9 of the Arbitration and reconciliation Act are complete in all respects, therefore, he would be satisfied if the instant writ petition is disposed of with the direction to the Court of learned Principal District Judge, Ganderbal to decide the petition under section 9 of the Arbitration and Conciliation Act, 1996.
The Court of learned Principal District Judge, Ganderbal, is directed to decide petition under section 9 of the Arbitration and Reconciliation Act, 1996 in case titled as"Military Engineer Services vs. M/S Om Constructions "within a period of two months.
The petition is disposed of along with connect CM, on the above lines.
(MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 22.06.2022 Junaid