Chief Engineer (Civil) Uri Ii He ... vs M/S Jagdish Chand Gupta Engineers ...
2021 Latest Caselaw 1313 j&K/2

                                                                    S. No. 133
                                                                    Before Notice Matters
                      HIGH COURT OF JAMMU &KASHMIR AND LADAKH
                                 AT SRINAGAR
                                                                         WP(C) No. 2150/2021
                                                                             CM (6979/2021)

           Chief Engineer (Civil) URI II HE Project                         .....Petitioner(s)

                                          Through:       Mr. G. N. Monga, Adv.
                      V/s
           M/S Jagdish Chand Gupta Engineers And Contractors And Ors.
                                                               ..... Respondent(s)

                                          Through:
           CORAM:
                               Hon'ble Mr. Justice Sanjay Dhar, Judge.

                                                     ORDER

21.10.2021 Through the medium of this instant petition, petitioner has challenged

Order No. SDG/SECTT/631/364 dated 06.07.2021 passed by respondent

No. 2 whereby Mr. Rohit Berry has been appointed as Adjudicator in respect

of disputes between petitioner and respondent No. 1.

It is the contention of the petitioner that already an Adjudicator

namely Shri H.L. Bajaj, was appointed to determine the dispute between

petitioner and respondent No. 1. However, his appointment was challenged

by respondent No. 1 before the High Court of Delhi by way of writ petition

and vide judgment dated 19th March, 2021 passed by the said Court while

dismissing the writ petition, the respondent No. 1 was directed to approach

the petitioner with a representation regarding appointment of a new

Adjudicator. It is contended that the said representation of respondent No. 1,

has been rejected and the said respondent without availing appropriate

remedy against the order of rejection, has managed the issuance of the

AASIF GUL 2021.10.21 06:53 I attest to the accuracy and integrity of this document Page |2 WP(C) No. 2150/2021

impugned communication by respondent No. 2 appointing a new

Adjudicator, which is not in accordance with law.

Having heard learned counsel for petitioner and having perused the

material on record, a case for grant of interim indulgence is made out.

Issue notice to the respondents subject to taking of necessary steps by

the petitioner within one week.

In the meantime, the appointment of Adjudicator in terms of

impugned communication shall remain stayed.

List on 25th November, 2021

(Sanjay Dhar) Judge

SRINAGAR 21.10.2021 "Aasif"

AASIF GUL 2021.10.21 06:53 I attest to the accuracy and integrity of this document