Jammu & Kashmir High Court – Srinagar Bench
At Srinagar vs Chief Engineer on 6 March, 2026
2024:JKLHC-SGR:371
Sr. No.09
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
(Through Virtual Mode)
CM No.1099/2026 in
Arb P No.7/2024
Khanday Construction Company ...Petitioner(s).
Through: Mr. Sikandar Hayat, Advocate.
Vs.
Chief Engineer, Irrigation and Flood Control & Ors ..Respondents
Through: Mr. A. R. Malik, Sr. AAG, with
Mr. Mohammad Younis, Advocate.
CORAM:
HON'BLE THE CHIEF JUSTICE
ORDER
06.03.2026
1. The applicant has moved this application in terms of sub-section 4
of Section 29-A of the Arbitration and Conciliation Act, 1996, and prays
for further extension of the period specified under sub-section 3 of the Act
for making an arbitral award.
2. A brief narration of facts that have led the parties to the current
stage is imperative.
Arbitration Petition No. 7/2024 moved by the applicant/claimant
was allowed by this Court on September 19, 2024 and by virtue of the said
order, Mr. Justice Rashid Ali Dar, Former Judge of this Court, was
appointed as the Arbitrator. The Arbitral Tribunal entered upon the
reference and the pleadings in the case stands completed. And the matter is
now pending for cross examination of the respondents’ witnesses and final
arguments. It is urged that since the mandate of the learned arbitrator is
expiring on 21st March, 2026, therefore, extension of time by eight weeks
is sought by the petitioner by the medium of application at hand.
3. Ex-facie, the mandate of the Arbitrator is expiring on 21st March,
2026. As indicated above, the application at hand has been moved by the
2024:JKLHC-SGR:371
applicant/ claimant in terms of sub-section 4 of Section 29-A of the Act for
extension of the period specified under sub-section 3 (Ibid) of the Act.
4. Upon being served with advance copy of the application, Mr. A. R.
Malik, learned Sr. AAG, is present on behalf of the respondents. As
always, he fairly submits that respondents have no objection in case the
mandate of the learned Arbitrator is extended by a period of eight months.
5. In the wake of the position indicated above and since the averments
set out in the application constitute a sufficient cause, the application is
allowed. The mandate of the Arbitrator is accordingly extended by a further
period of eight months for making an award.
(ARUN PALLI)
CHIEF JUSTICE
Jammu
06.03.2026
Abdul Qayoom, Secy.