[Cites 3, Cited by 0]
Jammu & Kashmir High Court - Srinagar Bench
M/S Aksa Software Solutions Pvt vs Union Of India on 26 December, 2025
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
Serial No. 23
SUPP LIST
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
Arb P No. 4/2024
Date of Pronouncement: 26.12.2025
Uploaded on: 27.12.2025
M/S AKSA SOFTWARE SOLUTIONS PVT.
LTD. TH. ITS DIRECTOR TARIQ AHMAD,
SHAHDAD HOUSE NEAR GURDWARA,
BAGAT BARZULLA, SRINAGAR,
KASHMIR
...PETITIONER(S)
Through: Mr. Syed Mohtasim, Advocate
Vs.
1. UNION OF INDIA, TH. DIRECTOR GENERAL,
(ROAD DEPARTMENT & SPECIAL
SECRETARY) MINISTRY OF ROAD
DEPARTMENTS & HIGHWAYS TRANSPORT
BHAWAN, 1 PARLIAMENT STREET, NEW
DELHI, PIN CODE: 110001;
2. CHAIRMAN, NATIONAL HIGHWAYS
AUTHORITY OF INDIA, MINISTRY OF ROAD
DEPARTMENTS & HIGHWAYS G-5 & 6,
SECTOR 10, DWARKA, NEW DELHI, PIN CODE:
110075;
3. DIRECTOR, (ESTABLISHMENTAND GENERAL)
MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS TRANSPORT BHAWAN, 1
PARLIAMENT STREET, NEW DELHI, PIN
CODE: 110001;
4. CHIEF ENGINEER, MINISTRY OF ROAD
TRANSPORT AND HIGHWAYS TRANSPORT
BHAWAN, ROOM NO. 220, 1, PARLIAMENT
STREET, NEW DELHI, PIN CODE: 110001;
5. JOINT SECRETARY, (EIC), MINISTRY OF
ROAD TRANSPORT AND HIGHWAYS
TRANSPORT BHAWAN, ROOM NO. 520, 1,
PARLIAMENT STREET, NEW DELHI, PIN
CODE: 110001;
6. MR. VIRENDRA SINGH KHAIRA,
SUPERINTENDING ENGINEER MINISTRY OF
ROAD TRANSPORT AND HIGHWAYS
Arif Hameed
I attest to the accuracy and
authenticity of this document
28.12.2025
Arb P 4/2024 Page 1
TRANSPORT BHAWAN, ROOM NO. 520, 1,
PARLIAMENT STREET, NEW DELHI, PIN
CODE: 110001;
7. MANAGING DIRECTOR, NHIDL 3RD FLOOW,
PTI BUILDING, 4 PARLIAMENT STREET, NEW
DELHI, PIN CODE:110001;
...RESPONDENT(S)
Through: Mr. Ilyas Nazir, GA with
Mr. Faheem Shah, GA
CORAM:
HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
JUDGMENT
26.12.2025
1. This is a petition filed by the petitioner under Section 11(6) of the
Arbitration & Conciliation Act, 1966, ["the Act"], seeking
appointment of an independent Arbitrator.
2. It is submitted that in reference to an order dated 8th May, 2015,
the petitioner made an offer for supply of human resources for
MORT&H PIU, Srinagar, which offer was accepted by the
respondents vide communication dated 8th May, 2015. Pursuant to
such acceptance, the petitioner claims to have supplied the
manpower as requisitioned in terms of the supply order.
3. The supply of manpower was to be made by the petitioner for a
period of 11 months. However, the respondents, vide notice dated
11th January, 2016, issued a notice for termination of the contract
prematurely, thereby disabling the petitioner from working out the
full term of the contract. The dispute was taken by the petitioner
before the Court of learned 3rd Civil Subordinate, Judge (Sub
Judge)/Forest Magistrate, at Srinagar, by way of a civil suit titled
"M/S Aksa, Software Solutions Private Limited Vs. Union of India
& Ors".
Arb P 4/2024 Page 2
4. On being put on notice, the respondents herein entered their
appearance and, instead of filing a written statement, they filed two
applications one for vacation of order and another for dismissal of
the suit on the ground that the dispute raised was arbitrable in
nature and, therefore, the suit was not maintainable.
5. The objections raised by the respondents to the maintainability of
the suit on the ground of availability of an arbitration clause
between the parties was accepted by the petitioner herein.
6. In these circumstances, the court below directed the defendant No.
2 in the suit to appoint an Arbitrator for settlement of the dispute
within a period of six months from the date of receipt of order. The
said order was passed on 18th March, 2019, but the same has not
been complied with by the respondents, and no Arbitrator has been
appointed.
7. Feeling aggrieved of the inaction on the part of the respondents in
complying with the order passed by the civil court dated 18th
March, 2019, the petitioner has filed the present petition under
Section 11(6) of the Act for seeking appointment of an
independent Arbitrator.
8. Learned appearing counsel for the respondents would submit that
the petition under Section 11(6) of the Act is not maintainable for
the reason that the civil court has already intervened in the matter
and directed the respondent No. 2 herein to appoint an Arbitrator
to settle the dispute between the parties. That apart it is argued by
the learned counsel for the respondents that the claims which the
Arb P 4/2024 Page 3
petitioner seeks adjudication of are stale and barred by limitation
and, therefore, no Arbitrator can be appointed.
9. Having heard learned counsel for the petitioner and perused the
material on record, I find that the judgment passed by the civil
court dated 18th March, 2019, supra was required to be
implemented by the respondents within a period of six months.
The respondents have failed to do so, thereby necessitating
indulgence of this Court.
10.For the forgoing reasons, this petition is allowed, and Mr. Aswad
Attar, Advocate of this Court is appointed as the sole Arbitrator to
arbitrate the disputes between the parties in accordance with the
Act. Needles to say that all objections including that the claims are
barred by limitation shall be available to the respondents to be
raised before the Arbitrator. Upon receipt of a copy of this order
from this Court, he shall enter upon reference and proceed to
resolve the dispute after putting both the sides to notice, strictly in
terms of the Arbitration and Conciliation Act, 1966. He shall fix
his fee as per the Fourth Schedule of the Act.
11.The Registry shall convey a copy of this order to the learned
Arbitrator appointed herein.
12.Disposed of.
(SANJEEV KUMAR)
JUDGE
SRINAGAR:
26.12.2025
"ARIF
(i) Whether the order is reportable? Yes/No.
(ii) Whether the order is speaking? Yes/No.
Arb P 4/2024 Page 4
