Jammu & Kashmir High Court
M/S Trg Industries Pvt. Ltd vs Union Of India And Another on 3 February, 2023
Sr. No. 32
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Arb P No.1/2023
M/s TRG Industries Pvt. Ltd. ....Petitioner(s)/Appellant(s)
Through :- Mr. R.K Gupta, Sr. Advocate with
Mr. Udhay Bhaskar, Advocate.
V/s
Union of India and another ....Respondent(s)
Through :- Mr. Sandeep Gupta, CGSC.
Coram: HON'BLE THE CHIEF JUSTICE (ACTING)
ORDER
03.02.2023
1. It is averred that in earlier round of litigation the applicant-petitioner
herein has approached this Court by filing AA No.29/2016 title M/s TRG
Industries Pvt. Ltd. vs. Union of India and another under Section 11(6) of the
Jammu and Kashmir Arbitration and Conciliation Act, 1997 and sought a
direction for appointment of an independent arbitrator to resolve the disputes
between the parties. This Court vide order/judgment dated 10.08.2017 after
considering the matter, directed for appointment of three member Arbitral
Tribunal comprising of Mr. Justice Hasnain Masoodi, retired Judge, High Court
of Jammu and Kashmir as it Presiding Arbitrator and Mr. A.S Wazir, Chief
Engineer (retd.) and Mr. Vinod Sharma, the then Chief Executive Officer, ERA
as Arbitrators.
2. Mr. R.K Gupta, learned senior counsel appearing for the petitioner
submits that one of the Arbitrators namely, A.S Wazir was expired on
19.10.2022 and a very innocuous prayer has been made in this petition for
substitution of a new Arbitrator in place of deceased-A.S Wazir so as to fill the
constitution of Arbitral Tribunal. Mr. Gupta, learned senior counsel appearing
for the petitioner seeks disposal of this petition, at its threshold, by substituting a
new Arbitrator in the Arbitral Tribunal.
3. Mr. Sandeep Gupta, learned CGSC has admitted that Mr. A.S Wazir is
expired and he is not averse to the proposal put forth by learned senior counsel
regarding disposal of this petition.
4. Learned counsel for the parties have jointly suggested the name of
Mr. N.D Khawaza, retired Chief Engineer as Arbitrator in the matter.
5. In view of the facts and circumstances of the case and the statements
made by learned counsel for the parties, this petition is, disposed of, at its
threshold and Mr. N.D Khawaza, retired Chief Engineer, Cell No.9419188066 is
substituted as new Arbitrator in place of deceased-A.S Wazir, who was earlier
appointed as one of the Arbitrators as per order dated 10.08.2017 passed in AA
No.29/2016. This order shall form part of order dated 10.08.2017 passed in AA
No.29/2016.
6. Registry to communicate a copy of this order to Mr. N.D Khawaza,
retired Chief Engineer, (learned Arbitrator) through e-mail as well as ordinary
mode.
7. The petition stands disposed of accordingly.
) (Tashi Rabstan)
Jammu: Chief Justice (Acting)
03.02.2023
Surinder
Whether the order is speaking? Yes/No
Whether the order is reportable? Yes/No
SURINDER KUMAR
2023.02.04 16:31
I attest to the accuracy and
integrity of this document
