M/S Ve Lifts Pvt. Ltd. Th. Ajay Sharma v. Govt. Medical College Jammu Th. Its Principal and Others

ORDER

27.12.2024

¶1The present petition has been filed by the petitioner seeking appointment of an independent Arbitrator under Section 11(6) of the J&K Arbitration and Conciliation Act, 1996, to resolve the dispute that has arisen between the parties.

¶2According to the petitioner, the petitioner is a private company engaged in the business of Lefts & Elevators.

¶3It is averred in the petition that three works have been allotted to the petitioner by the respondent no.3 vide work order no. MHDJ/DB/2014-15/WO/3109-14 on 14.02.2015 for Modernization/Upgradation of 01 NO Kone make bed elevator (26 passenger) installed at new Emergency, GMCH, Jammu), Sr. No. 3

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MHDJ/DB/2016-17/WO/1301-06 dated 17.03.2017 (For Design, Supply, Installation, Testing and Commissioning of 1 no.26 passenger bed elevator to replace old and worn out elevator including allied works on turn key basis at GMCH Jammu.), MHDJ/DB/2014-1/WO/3109-14 dated 14.02.2015 (for Design, Supply, Installation, Testing and commissioning of one no. 26 passengers (1768 Kgs) Stainless steel moon rock finish elevator Gearless machine). It is averred in the petition that after successful completion of works the petitioner submitted the bills for payment but much to the displeasure of the petitioner, the respondents have not released the full payments in favour of the petitioners despite several reminders. That the petitioner vide legal notice dated 30.03.2024 invoked the clause 21 of the contract agreement for work order No. MHDJ/DB/2022-23/WO/272-78, Clause 22 of the contract agreement for work order no.MHDJ/DB/2016-17/WO/1301-06 and Clause 21 of the contract agreement for work order no. MHDJ/DB/2014-15/WO/3109-14 and requested the respondent no.2 for reference of disputes to the independent arbitrator but to no avail.

¶4The above inaction on the part of the respondents compelled the petitioner to file the present petition for appointment of an independent arbitrator.

¶5Objections stand filed on behalf of respondents in which they have admitted the disputes which have been raised by the petitioner in this petition, wherein the respondents have contended that for all the work executed by the petitioner firm a total amount of Rs. 5324185 has been made by the respondents and a balance amount of Rs.5,77,500/- against the bill is lying pending with the office of Accountant General, Jammu.

¶6Heard Mr. Rudhar Partap Singh, learned counsel appearing for the petitioner. Also heard Mr. Raman Sharma, learned AAG, for the respondents.

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¶7Admittedly, there is a dispute between the parties as well as the existence of arbitration clause.

¶8Page 76 of the petition is the legal notice sent to the respondents requesting the respondents to refer the disputes to the sole arbitrator.

¶9Thus, in view of the fact that there is dispute which is admitted by the respondents in their objections, I, accordingly, dispose of this petition by appointing Ms. Deepika Mahajan, Advocate, C/O 50/2 Extension, Trikuta Nagar, Jammu, Mobile:9419182639 to act as the sole Arbitrator who shall proceed in the matter to decide the dispute between the parties and make an award in accordance with law after hearing the parties and charging the prescribed fee along with incidental expenses to be shared by the parties.

¶10Respondents are at liberty to raise any objections before the Arbitrator.

¶11Registry to inform the Ld. Arbitrator accordingly.

¶12With the above observation and direction, the petition stands disposed of.

Jammu:

27.12.2024 Anil Sanhotra

(Tashi Rabstan) Chief Justice

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Arb P No.61/2024 M/s Ve Lifts Private Limited, 33, Gobind Vihar Baltana, Zirakpur, Punjab. Through its Managing Director Mr. Ajay Sharma, age 70 years, S/O Sh. O. P. Sharma R/o 33, Gobind Vihar Baltana, Zirakpur, Punjab ….Petitioner(s)/Appellant(s) Through :- Mr. Rudhar Partap Singh, Advocate. V/s 1. Government Medical College, Jammu through its Prinicipal & Dean. 2. Public works Department (R&B), Jamm Through its Chief Engineer Mechanical Engineering Department Public Works Department (R&B), Jammu. 3. Executive Engineer Mechanical Health and Central Heating Division, Government Medical College and Hospital Jamm ….Respondent(s) Through :- Mr. Raman Sharma, AAG. CORAM: HON'BLE THE CHIEF JUSTICE