M/S Manzoor Ahmad and Sons v. Union of India and Ors. (Armed Forces)

O R D E R

05.12.2025

¶1The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator.

¶2The petitioner, a registered Contractor, came to be awarded two contracts vide Acceptance of Tender Notices dated 06.1.2024 for supply of food items including fresh Potato, Onion (Dry), Garlic, White Bread, Wheat Meal Bread and Lime Quick for the period 01.04.2024 to

31.03.2025.

¶3It is stated that the petitioner commenced supply of goods in accordance with the terms and conditions of the agreements. However, during the currency of the contracts, prices of certain food articles such as Onion, Potato and Garlic escalated, rendering it difficult for the petitioner to supply the goods at the agreed rates. The petitioner, accordingly, requested the respondents to modify or substitute certain articles in order to overcome his hardship but the request was not acceded to.

¶4It is further stated that the respondents instead redressing the grievances of the petitioner, rescinded/cancelled the contracts in terms of

order dated 03.02.2025 and also forfeited the security deposit furnished by the petitioner.

¶3Pursuant to the notice issued by this Court, the respondents though caused appearance but no reply/ response has been filed on their behalf.

¶4The existence of the arbitration clause, as aforesaid, and its invocation by the petitioner is not disputed.

¶5Thus, in the given circumstances, learned counsel for the respondents, as always, fairly submits that let an arbitrator be appointed. But since the claim that is sought to be made by the petitioner is vehemently disputed/ denied, it is submitted that respondent be granted liberty to raise all possible pleas/ objections before the arbitral tribunal/ arbitrator in this regard.

¶6Accordingly, 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. Justice Tashi Rabstan, Retired Chief Justice of High Court of Jammu and Kashmir & Ladakh, residing at Plot No.2, Lane No.13, Tawhi Vihar, Sidhra, Jammu-180019, Mobile No.9419266111, 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.

¶7Registry to send a copy of this order to the learned arbitrator.

(ARUN PALLI) CHIEF JUSTICE Jammu

05.12.2025 Abdul Qayoom, Secy.

Abdul Qayoom Lone authenticity of this document

Sr. No.02 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (Through Virtual Mode) Arb P 33/2025 CM 6203/2025 M/s Manzoor Ahmad and Sons. …Petitioner. Through: Mr. Shah Ashiq Hussian, Advocate (through VC). Vs. Union of India and Ors ….Respondent(s) Through: Ms. Rehana Qayoom, Advocate vice Mr. T. M. Shamsi, DSGI. CORAM: HON'BLE THE CHIEF JUSTICE