MOHINDRA BROS Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Section 11(6) of the Jammu and Kashmir Arbitration and Conciliation Act 1997 seeks appointment of an arbitrator on account of dispute having been arisen between the parties. There is an Arbitration Clause in the contract agreement dated 13.08.2003. According to Clause 70 of the Act, admittedly, the matter could be referred to an arbitrator in case some disputes have arisen between the parties. As a matter of fact another petition filed by the same petitioner in respect of another work was subject of consideration before this Court. It was titled as M/s. Mohindra Bros, A Friends Colony Sunder Nagar Pathankot through Partner v. Union of India and others, bearing No. AA 23/2011 decided on 31.12.2012.

(2.) A dispute had arisen in that case and reference was made by this Court to the Arbitrator. The nature of work in the present contract is also similar, although the work is different, but the contract agreement is the same. However, it appears that for the one reasons or the other, the instant petition was not taken up along with AA No. 23/2011 on 31.12.2012.

(3.) Accordingly, this petition is allowed. In terms of Section 11(8) of the Jammu and Kashmir Arbitration and Conciliation Act, Sh. Satish Chander, JT DG (Contracts) Panel of Arbitrators, Chandigarh, GE Chandimandir Office Complex Chandimandir is appointed as Arbitrator to determine this claims that the parties may file before him after he enters upon reference.