At Srinagar vs Chief Engineer on 6 March, 2026

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    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.

    SPONSORED

    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.



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