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Jammu & Kashmir High Court
M/S K K Enterprises vs Union Of India & Ors on 13 February, 2026
Sr. No. 8
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CJ Court
Case: Arb P No. 11/2026
M/S K K Enterprises ...Petitioner(s)/Appellant(s)
Through: Mr. Jugal Kishore Gupta, Advocate.
V/s
Union of India & Ors. .... Respondent(s)
Through: Mr. Vishal Sharma, Sr. Advocate (DSGI) with
Mr. Eishaan Dadhichi, CGSC.
Mr. Sumant Sudan, Advocate.
CORAM: HON'BLE THE CHIEF JUSTICE
ORDER
13.02.2026
(ORAL)
01. The present petition has been filed under Section 11(6) of the Arbitration
and Conciliation Act, 1996 (for short 'the Act') for appointment of an
independent Arbitrator.
02. The petitioner-M/s K K Enterprises, being a Firm registered with the MES
Department enlisted to carry out the building and road works, low tension works,
civil engineering and other related works, was found the lowest bidder while
participating in the tendering process for the execution of the contract work,
being CA NO.: GE(N)/AKH-21/2020-21: SPECIAL REPAIR TO BLDG NO.
T-58, T-60, T-61 AND T-160 AT SUNDERBANI UNDER GE(N)
AKHNOOR AS DETAILED IN TENDER ENQUIRY PUBLISHED ON 11
APR 2020 AND SUBSEQUENTLY AMENDED VIDE LETTER NO.
8034/GE(N)AKH-55/2019-20/18/E8 DATED 04 MAY 2020 UNDER
TENDER ID 2020_MES_320918_2. The petitioner was issued the Acceptance
Letter No. 8035/GE (N)AKH-21/2020-21/27/E8 dated June 22, 2020 and the
Work Order No.1 dated June 22, 2020 wherein the cost of the contract work was
fixed at ₹ 22,65,642.00/- and the date of commencement and completion was
reflected as June 25, 2020, and January 20, 2021, respectively. The execution of
the work was deferred, for, the building sites were occupied and not handed over
to the petitioner till third week of July 2020, petitioner vide letter dated July 20,
2020, informed respondent no.3-Garrison Engineer (North) regarding the same
and requested for preparation of the inventory and handing over the site.
Thereafter, the petitioner vide letter dated January 09, 2021 informed the
respondent that the partial work in respect of the sites that had been handed over
was completed as also the request for handing over the sites for stores, workshop
and labour camp was also made. The petitioner was also granted extension of
time vide letter dated January 23, 2021 without any financial implications.
Thereafter, respondent no.3 vide letter dated August 29, 2022, accepted the
completion of the work to the extent of 92% with a further request to the
petitioner to complete the balance work. It is submitted that the petitioner
executed 99% of work thereafter and vide letter dated September 05, 2022,
completion of work upto 96% was also conveyed to the respondents. However,
despite several requests, the respondents neither issued the completion certificate
nor finalized the bills as also no payment for the executed work was made. On
December 27, 2025, the petitioner informed the respondent no.2 about the
invocation of the Clause 70 of IAFW-2249 with request for the appointment of
an independent arbitrator The respondents had failed to appoint the arbitrator for
redressal of the disputes that arose between the parties. Hence this petition.
03. Heard. Notice.
04. Served with advance copy of the petition, Mr. Eishaan Dadhichi, learned
Central Government Standing Counsel present in Court, accepts notice.
05. The existence of the arbitration clause, as aforesaid, and its invocation by
the petitioner vide notice dated December 27, 2025, is not disputed. But learned
counsel for the respondents denies the claim that is sought to be made by the
petitioner.
06. However, having argued the matter at some length, learned counsel for the
respondents, as always, fairly submits that let an arbitrator be appointed as the
respondents shall raise all possible pleas/ objections before the arbitral tribunal/
arbitrator in this regard.
07. Accordingly, in the wake of the position sketched out above and in terms
of the statements made by the learned counsel for the parties, the petition is
allowed. And, with consent of learned counsel for the parties, Mr. Sunil Gupta,
(Retd.) S.E. (PWD) R&B, R/o 102, Sector-3, Channi Himmat, Jammu,
Mobile No. 9419196592 is appointed as the sole arbitrator. Who shall proceed
with the matter in accordance with the provisions of the Act. And to make an
award within the time provided in the Act itself after charging the prescribed fee
along with incidental expenses to be shared by the parties. The respondents are at
liberty to raise all the objections as regards the subject matter before the learned
Arbitrator.
08. Registry to send a copy of this order to the learned arbitrator.
09. Disposed of.
(ARUN PALLI)
CHIEF JUSTICE
Jammu
13.02.2026
Sunita
