Jammu & Kashmir High Court
Bankey Behari Gandotra vs Union Of India And Others on 12 February, 2021
Author: Chief Justice
Bench: Chief Justice
Sr. No.201
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
CJ Court
Case : Arbitration Application (AA) No 25 of 2007
Bankey Behari Gandotra
...Applicant(s)/Petitioner(s)
Through: Sh. Udhay Bhakar, Advocate
v/s
Union of India and Others .... Respondent(s)
Through: Sh. Vishal Sharma, ASGI
CORAM: HON'BLE THE CHIEF JUSTICE
ORDER
1. Heard Sh. Udhay Bhaskar, learned counsel for the petitioner and Sh. Vishal Sharma, learned Assistant Solicitor General of India for the respondents.
2. The petitioner is a registered firm of a Class 'S' Contractor with the MES department. It was awarded a contract on 11.5.2006 for 'handling and conveyance of cement and miscellaneous items' from Pathankot/ Jammu/Srinagar to Kargil/Nimmu/Leh/Karu and Shesherthang.
3. The aforesaid contract contained an Arbitration Clause for resolving the disputes interse the parties. In connection with the disputes arising out thereof, a separate petition under Section 11 (6) of the Arbitration and Conciliation Act., 1996 (hereinafter referred to as 'the Act') was filed for the appointment of the arbitrator. The same was allowed by me today itself by a separate order and the disputes between the parties have been referred to the sole arbitrator.
2
4. The petitioner had simultaneously invoked the provisions of Section 9 of the Act for the purposes of interim measures as some letters were issued so as to recover certain amounts from the petitioner in relation to the said contract.
5. On the petition filed under Section 9 of the Act, this Court on 15.9.2007 passed the following order:-
"Issue notice to the respondents. Learned counsel for the petitioner shall take necessary steps for service of the respondents within a weeks time, failing which this petition shall be deemed to have been dismissed for non-prosecution.
List after service.
In the meanwhile, operation and implementation of letters No. 8190/CWE/L-10A/2006-07/14 E8 dated 10.8.2007 and 9217/23/E8 dated 28.08.2007 issued by respondents No. 5 and 6 respectively shall remain stayed in view of the modification to clarification No. 15 of 2004-05 dated 16.8.2004 issued by Commissioner Sales Tax J&K annexed with the file."
6. Since the dispute interse the parties have been referred to the sole arbitrator, in the interest of justice, it is deemed necessary that the interim order dated 15.9.2007 be allowed to continue till the disputes are resolved by a final order and interim order would be subject to the final award of the arbitrator.
7. Accordingly, this petition under Section 9 of the Act also stands disposed of.
(PANKAJ MITHAL) CHIEF JUSTICE Jammu 12.02.2021 Tilak