M/S S P Singla Construction Pvt Ltd Th Sohan Lal Gupta v. Chief Engineer P.W. R and B Department Jammu and Others

ORDER

29.07.2025

CM No.4559/2025

¶01This is an application for placing on record certain document in terms of order dated 22.07.2025. For the reasons stated in the application, the same is allowed and the document annexed thereto is taken on record.

CM No.4559/2025 is disposed of. CM No.4349/2025

¶02For the reasons stated in the application, coupled with the submissions advanced by learned counsel for the petitioner at the Bar, the same is allowed. Delay in filing the accompanying petition seeking extension of time to make and publish the Arbitral Award in arbitral proceedings, is condoned. CM No.4349/2025 is disposed of.

¶03This petition has been moved by the petitioner, under Section 29A(5) of Arbitration and Conciliation Act 1996 for extension of period for making an Arbitral Award, asserting therein that the Sole Arbitrator-Hon'ble Mr. Sr. No. 84

Justice Bansi Lal Bhat (Retd.) appointed vide Order dated 18.08.2023 passed by Lord Chief Justice in Arb P No.21.2022, has not been able to conclude the arbitral proceedings within the statutory period and prayed that the period for concluding the arbitral proceedings be extended by further six months.

¶04Heard.

¶05Issue notice.

¶06Notice is waived by Mrs. Monika Kohli, Sr. AAG, on behalf of respondent Nos.1 & 2 and Mr. Anishwar Chatterji Koul, CGSC, on behalf of respondent No.3. Instead of filing objections to the petition, both of them submit that appropriate orders be passed on merits of the petition, seeking extension of time period of arbitral proceedings.

¶07The learned counsel for the petitioner has drawn the attention of this Court towards the order dated 08.07.2025 drawn by the learned Arbitrator stating that the arbitral proceedings were to be completed by 18.04.2025, however, the same could not be concluded as the matter is still at the stage of recording of evidence and some more time is required to bring the arbitral proceedings to a logical conclusion, with the further observation that faced with this situation, learned counsel for the parties agreed to approach this Court with a joint petition seeking further extension of time.

¶08Since the arbitral proceedings could not be concluded and finalized by the learned Arbitrator, as parties are still in the process of recording their evidence, in the considered opinion of the Court, there is sufficient cause, for the extension of time as prayed for in this petition, in terms of Section 29A(5) of Arbitration and Conciliation Act.

¶09Viewed thus, the application on hand is, thus, allowed and period of arbitration proceedings is ordered to be extended by six months. The learned Arbitrator shall conclude the arbitral proceedings and finalise the Award within the extended period.

¶10Arb P No.55/2025 is, thus, disposed of, alongwith application(s).

( M A Chowdhary ) Judge Jammu

29.07.2025 Narinder

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM No.4349/2025 CM No.4559/2025 M/S S. P. Singla Construction Pvt. Ltd. ….. Petitioner(s) Through: Ms. Roopali Chaturvedi, Advocate. Vs The Chief Engineer, PWD & Ors. .…. Respondent(s) Through: Mrs. Monika Kohli, Sr. AAG for R-1 & 2. Mr. Anishwar Chatterji Koul, CGSC for R-3 CORAM: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE