M/S Narinder Gupta vs Ut Of J&K & Ors
2026 Latest Caselaw 1920 J&K

Jammu & Kashmir High Court

M/S Narinder Gupta vs Ut Of J&K & Ors on 6 April, 2026

Author: Rahul Bharti

Bench: Rahul Bharti

                                                          Supplementary List-I

                                                            Serial No. 165



 HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                 AT JAMMU
WP(C) No. 783/2026
CM No. 1776/2026

M/s Narinder Gupta
                                                                .....Petitioner(s)

                      Through: Mr. Manik Sharma, Advocate &
                               Mr. Sourabh Gupta, Advocate vice
                               Mr. Ankur Sharma, Advocate.

                 Vs

UT of J&K & Ors.
                                                             .....Respondent(s)

                      Through: Ms. Nazia Fazal, Assisting Counsel vice
                               Mr. Ravinder Gupta, AAG.

CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
                      ORDER

(06.04.2026)

01. By reading of allotment order No. SESJ/Adm/2846-51

dated 12.08.2025 issued by the Superintending Engineer, PWD (R&B)

Circle South, Jammu in terms whereof "Allotment of Contract for

Up-gradation of Veterinary Hospital Gujjar Colony, District

Jammu (Under NABARD Works)" came to be allotted to the petitioner,

one of the conditions found stipulated is related to arbitration to the

effect that any dispute arising between the parties to be referred to the

sole arbitrator i.e., the Chief Engineer, PWD (R&B), Jammu under the

J&K Arbitration Act, Svt., 2003 which is Jammu & Kashmir

Arbitration Act, 1945 A.D., whereas in the year 2025 it is Arbitration

and Conciliation Act, 1996 which is holding the field and still the

Superintending Engineer, PWD (R&B) Circle South Jammu is arrested

with a mindset of past to the extent of referring of J&K Arbitration Act,

Svt., 2003.

02. There seems to be a serious lack of due diligence on the

part of the legal establishment of PWD (R&B) Department, Jammu for

which this Court directs to immediately attend to such type of serious

omissions in matters of issuance of documents of legal effect as the

same are nothing but an embarrassment even in the matter of reading

lest alone accepting.

03. Be that as it may, the petitioner is coming forward with

present writ petition bearing a cause of action of being not paid for the

work done with respect to claim of Rs. 1,64,25,500/-. The bottlenecks

which afflict the payment are some circulars which are assailed in the

writ petition.

04. Issue notice to the respondents.

05. Ms. Nazia Fazal, learned Assisting Counsel appearing vice

Mr. Ravinder Gupta, learned AAG accepts notice on behalf of the

respondents.

06. Let reply/response to the writ petition be filed within a

period of four weeks.

07. List on 18.05.2026.

08. In the meantime, the petitioner is directed to act in

compliance with the direction as given in order dated 02.04.2026.

(RAHUL BHARTI) JUDGE JAMMU 06.04.2026 Bunty