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Judgment
Tashi Rabstan,CJ
The applicant-company has filed this arbitration application under Section 11(6) of the J&K Arbitration and Conciliation Act seeking for appointment of an arbitrator for resolution of disputes which have arisen between the applicant-company and respondents herein in view of Clause 24 of the General Conditions of Contract.
The facts-in-brief, as gathered from the arbitration application, are that pursuant to E-NIT No.34/2014-15 dated 06.01.2015 issued by Chief Engineer, PW (R&B) Department, the applicant-company participated in the tendering process for Design and Construction of 130 meters span (5×26) steel bridge over Rajouri Nallah at Kallar Potha. The said contract awarded to the applicant-company. Thereafter, certain disputes were arisen between the parties and, ultimately, respondent No.3 cancelled the allotment of contract with penal consequences including blacklisting. Hence, the applicant-company has filed the instant arbitration application for appointment of an arbitrator in view of Clause 24 of the General Conditions of Contract.
Today when the matter was taken up for hearing, learned counsel appearing for the parties have agreed to for referring the dispute to the arbitrator.
Accordingly, Er. Vinod Sharma, Retired Commissioner, House No.42, SectorNo.1-A,TrikutaNagar,Jammu(email– [email protected]) is appointed as the Sole Arbitrator to adjudicate and resolve the disputes between the parties. Learned arbitrator to enter upon the reference after notice to the parties and shall make the award in accordance with law. The arbitrator shall be at liberty to assess his fee in accordance with rules, if any, governing the field. The fee shall be borne by both the parties in equal proportion.
Registry to send a copy of this order to the learned arbitrator.