Jammu & Kashmir High Court – Srinagar Bench
Anubhav Khajuria vs Commissioner (Srinagar on 24 April, 2026
Sr. No.01
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
(Through Virtual Mode)
Arb P No.4/2026
Anubhav Khajuria ...Petitioner.
Through: Mr. V. Bhushan Gupta, Sr. Advocate, with
Mr. Karam Vir Bhushan, Advocate.
Vs.
Commissioner (Srinagar ....Respondent(s)
Municipal Corpn.) & Ors.
Through: Mr. Bikramdeep Singh, Dy.AG.
CORAM:
HON'BLE THE CHIEF JUSTICE
ORDER
24.04.2026
1. The present petition has been filed under Section 11(6) of the
Arbitration and Conciliation Act, 1996, seeking appointment of an
arbitrator.
2. The case set up by the petitioner is that the respondents vide e-
Notice Inviting Tender No.REP 05/JCW dated 26.12.2024 invited bids from
Animal Welfare Organisation (AWOs)/ Agencies/ Entities/ Companies/
Firms/ Non-Government Organisation, registered with Animal Welfare
Board of India to carry out the work of Animal Birth Control and Anti
Rabies Vaccination (ABC & ARV) Programme and De-worming of 21,600
stray dogs over a period of 16 working months within the jurisdiction of
Srinagar Municipal Corporation. The petitioner, being eligible, participated
in the bidding process and emerged as the successful bidder. Accordingly,
an agreement dated August 12, 2025 was executed and the petitioner
started to carry out the work assigned to it. During the process of
execution of the work, the respondents issued a show cause notice dated
September 20, 2025 against the petitioner alleging some lapses on his part
and asking the petitioner to stop the ABC Programme and vacate the ABC
Centre Premises immediately. The petitioner, accordingly, responded to
the said show cause notice, however, yet another notice dated October 6,
2025 came to be issued against the petitioner seeking a detailed reply/
written explanation. The petitioner submitted a detailed reply, however, it
is urged, that despite lapse of considerable time, no further steps are
being taken by the respondents resulting in continuation of suspension of
ABC Programme and vacation of ABC centre Premises, causing immense
financial losses to the petitioner.
3. It is further urged that Article-3 of the agreement entered
between the parties provides that in case of any dispute, the same shall
be settled mutually and in case of disagreement the same shall be
referred to Commissioner SMC to act as sole arbitrator. However, it is
submitted that the Commissioner, SMC, cannot act as a sole arbitrator
being a party to the lis. Accordingly, a legal notice dated January 19, 2026
came to be issued by the petitioner to the respondents requesting for
reference of the dispute(s) to an independent arbitrator. However, the
respondents despite receipt of the legal notice have failed to act, hence
the petition at hand.
4. Pursuant to the notice issued by this Court, the respondents
though caused appearance but no reply/ response has been filed on their
behalf.
5. Learned counsel for the respondents vehemently disputes/denies
the claim that is sought to be made by the petitioner. It is urged that the
claim of the petitioner is apparently misconceived and untenable, and
thus deserves to be rejected. However, the existence of the arbitration
clause, as aforesaid, and its invocation by the petitioner is not disputed.
He, accordingly, submits that let an arbitrator be appointed but the
respondents be granted liberty to raise all possible pleas in this regard
before the arbitrator.
5. Accordingly, in the wake of the position sketched out above and in
terms of the statement made by the learned counsel for the respondents,
the petition is allowed. And, with consent of learned counsel for the
parties, Mr. Mehraj-Ud-Din Sofi, Retired District & Sessions Judge [Mobile
No. 9419970965] 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 possible pleas/ objections as
regards the subject matter before the learned Arbitrator.
6. Registry to send a copy of this order to the learned arbitrator
(ARUN PALLI)
CHIEF JUSTICE
Srinagar
24.04.2026
Abdul Qayoom, Secy.
Abdul Qayoom Lone
I attest to the accuracy and
authenticity of this document
27.04.2026 11:29