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HomeHigh CourtJammu & Kashmir High Court - Srinagar BenchAt Srinagar vs J&K Projects Construction on 6 March, 2026

At Srinagar vs J&K Projects Construction on 6 March, 2026

Jammu & Kashmir High Court – Srinagar Bench

At Srinagar vs J&K Projects Construction on 6 March, 2026

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                                                     2026:JKLHC-SGR:41



    IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT SRINAGAR

Case: Arb P No.14/2025
      c/w
      Arb P No.15/2025
      Arb P No.16/2025
      Arb P No.17/2025


                                          Reserved on: 27.02.2026
                                       Pronounced on : 06.03.2026
                                         Uploaded on : 06.03.2026
                                   Whether the operative part or full
                                     judgment is pronounced: Full

M/s Ace Consultants
                                                        ....Petitioners

                Through:-      Mr. Javaid Ahmed, Advocate

                             V/s

J&K Projects Construction
Corporation Limited and Ors.
                                                      .....Respondents

                Through:-      Mr. Jahangir Dar, GA
\


CORAM: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                              (JUDGMENT)

01.           By this common judgment, the afore-titled four

arbitration petitions involving identical parties and common

questions of law and fact are proposed to be decided together.

02.           The petitioner, a proprietorship firm, has filed the

present petitions under Section 11 (6) of the Arbitration and

Conciliation, 1996 (hereinafter to be referred to as 'Act')

seeking appointment of an independent arbitrator preferably a




Arb P Nos. 14/2025,                                         Page 1 of 15
15/2025, 16/2025 & 17/2025
                                                                        2026:JKLHC-SGR:41

retired judge of this Court for adjudication of disputes that

have arisen between the parties.

03.           The subject matter of the arbitration petition No. 14

of 2025 is allotment order No. Mech XII/2518-22 dated

10.12.2012 relating to 'Supply, Installation, Testing and

Commissioning of Two No's. G plus four 26 passenger bed

lifts and one No. 400 kgs capacity G plus four dumb

weightier at JLNM Hospital Rainawari Srinagar'.                 It has

been submitted that whole of the amount due for the work

done has not been released by the respondents and their

outstanding claims have not been cleared so far.                    The

petitioner has placed on record copy of certificate dated

21.10.2013 issued by respondent No. 3, which shows that in

respect of the contract in question, the total cost of work was

Rs. 67.00 lacs out of which payment of Rs. 40.00 lacs has

been    released and         the   balance   outstanding   payment     is

Rs. 27.00 lacs.

04.           The subject matter of the arbitration petition No. 15

of 2025 is allotment order No. Mech XII/2543-47 dated

10.12.2012 relating to 'Supply, Installation, Testing and

Commissioning of one No. G + four 13 passenger electric

traction lift at Sarie Building, Shreen Bagh, Srinagar'.               It

has been submitted that the respondents have not cleared

whole of the amount in respect of the aforesaid work.

According to the certificate issued by respondent No. 3 on

21.10.2013, the cost of the allotted work was Rs. 22.50 lacs

Arb P Nos. 14/2025,                                           Page 2 of 15
15/2025, 16/2025 & 17/2025
                                                                    2026:JKLHC-SGR:41

out of which an amount of Rs. 5.00 lacs has been released in

favour of the petitioner leaving a balance of Rs. 17.50 lacs.

05.           The subject matter of the arbitration petition No. 16

of 2025 is allotment order No. Mech XII/2523-27 dated

10.12.2012 relating to 'Supply, Installation, Testing and

Commissioning of Two No's. (G plus 03 and G plus 04) 26

passenger bed L D at Hospital Hazuri Bagh, Srinagar'.

According to the petitioner, entire outstanding amount has not

been released in its favour and as per certificate issued by

respondent No. 3, total cost of the allotted work was Rs. 58.00

lacs out of which an amount of Rs. 52.20 lacs has been

released in favour of the petitioner, leaving a balance amount

of Rs. 5.80 lacs.

06.           The subject matter of the arbitration petition No. 17

of 2025 is allotment order No. Mech XII/2538-42 dated

10.12.2012 relating to 'Supply, Installation, Testing and

Commissioning of Two No's. (G +2) 26 passenger bed lifts

at District Hospital, Baramulla'. It has been submitted that

as per certificate dated 21.10.2013 issued by respondent No. 3

total cost of the work was Rs. 57.00 lacs out of which an

amount of Rs. 39.90 lacs has been released in favour of the

petitioner leaving a balance of Rs. 17.10 lacs.

07.           It has been contended by the petitioner that a writ

petition bearing WP(C) No. 2057/2017 was filed by it seeking a

direction upon the respondents for releasing the pending

payments and vide order dated 20.12.2017, the writ petition

Arb P Nos. 14/2025,                                       Page 3 of 15
15/2025, 16/2025 & 17/2025
                                                                   2026:JKLHC-SGR:41

was disposed of with a direction that the petition be treated as

representation on behalf of the petitioner and the respondents

to accord consideration to the claim of the petitioner as

detailed in the writ petition and to take a decision in

accordance with law.

08.           It has been submitted that despite directions of the

writ court, the respondents did not decide the claim of the

petitioner and ultimately the petitioner was constrained to file

a contempt petition bearing CPOWP No. 214/2018 against the

respondents.        During the pendency of the contempt petition,

consideration order No. 166 of 2019 dated 23.12.2019 came to

be issued by the respondents whereby claim of the petitioner

in respect of the aforesaid four allotted works was rejected.

Pursuant to the passing of the aforesaid consideration order,

the contempt petition was disposed of by this Court in terms of

order dated 22.10.2020 whereby liberty was granted to the

petitioner to pursue the appropriate remedy as available under

law.

09.           It has been submitted that all the afore-mentioned

four allotment orders contain an arbitration clause providing

that in case of any dispute arising between the parties, the

matter shall be referred to arbitration and that decision of the

arbitrator shall be binding upon both the parties.

10.           It has been submitted that the petitioner could not

invoke the arbitration clause immediately upon disposal of the

contempt petition, because of Covid-19 pandemic and it was

Arb P Nos. 14/2025,                                      Page 4 of 15
15/2025, 16/2025 & 17/2025
                                                                        2026:JKLHC-SGR:41

only     on    16.05.2023     that   the   petitioner     addressed     a

communication to the respondents invoking the arbitration

clause and seeking appointment of an arbitrator in all the four

cases.     However, when the respondents failed to take any

action in terms of the arbitration clause, the instant petitions

came to be filed before this Court on 15.05.2025 seeking

appointment of arbitrator.

11.           No reply has been filed by the respondents to any of

the four petitions and, therefore, right to file reply was closed.

12.           I have heard learned counsel for the parties and

perused record of the case.

13.           Learned counsel for the respondents has raised

objection with regard to the maintainability of these petitions

on the ground that the claims projected by the petitioners in

these petitions are stale and time barred and thus, have

become dead and non-arbitrable. It has been contended that

even the letter seeking invocation of arbitration clause issued

by the petitioner is hopelessly time barred and, therefore, the

present petitions are not maintainable.

14.           This Court has, while analyzing the legal position

with regard to scope of pre-referral jurisdiction under section

11(6) of the Act in the case of Promark Techsolutions Pvt.

Ltd Vs. UT of J&K & ors (Arbitration Petition No. 45 of 2024

along    with     connected   petitions    decided   on   29.12.2025),

observed as under:



Arb P Nos. 14/2025,                                           Page 5 of 15
15/2025, 16/2025 & 17/2025
                                                                                   2026:JKLHC-SGR:41

       "9. The Supreme Court has, in the case of Vidya Drolia v.
       Durga Trading Corporation, (2021) 2 SCC 1, while dealing
       with the scope of power of the Referral Court under Sections
       11 and 8, held that at the referral stage, if it is found that the
       claims are ex-facie time barred and dead and there is no
       subsisting dispute, the reference can be refused. The relevant
       observations of the Supreme Court are reproduced as under:

                     "148. Section 43(1) of the Arbitration Act states
                     that the Limitation Act, 1963 shall apply to
                     arbitrations as it applies to court proceedings. Sub-
                     section (2) states that for the purposes of the
                     Arbitration Act and Limitation Act, arbitration shall
                     be deemed to have commenced on the date
                     referred to in Section 21. Limitation law is
                     procedural and normally disputes, being factual,
                     would be for the arbitrator to decide guided by the
                     facts found and the law applicable. The court at
                     the referral stage can interfere only when it is
                     manifest that the claims are ex facie time-barred
                     and dead, or there is no subsisting dispute. All
                     other cases should be referred to the Arbitral
                     Tribunal for decision on merits. Similar would be
                     the position in case of disputed "no-claim
                     certificate" or defence on the plea of novation and
                     "accord and satisfaction". As observed in Premium
                     Nafta Products Ltd, it is not to be expected that
                     commercial men while entering transactions inter
                     se would knowingly create a system which would
                     require that the court should first decide whether
                     the contract should be rectified or avoided or
                     rescinded, as the case may be, and then if the
                     contract is held to be valid, it would require the
                     arbitrator to resolve the issues that have arisen.

                             xxx    xxx    xxx     xxx    xxx

                      154.......154.4. Rarely as a demurrer the court
                      may interfere at Section 8 or 11 stage when it is
                      manifestly and ex facie certain that the arbitration
                      agreement is non-existent, invalid or the disputes
                      are non-arbitrable, though the nature and facet of
                      non-arbitrability would, to some extent, determine
                      the level and nature of judicial scrutiny. The
                      restricted and limited review is to check and
                      protect parties from being forced to arbitrate when
                      the matter is demonstrably "non-arbitrable" and to
                      cut off the deadwood. The court by default would
                      refer the matter when contentions relating to non-
                      arbitrability   are    plainly    arguable;     when
                      consideration in summary proceedings would be
                      insufficient and inconclusive; when facts are
                      contested; when the party opposing arbitration
                      adopts delaying tactics or impairs conduct of
                      arbitration proceedings. This is not the stage for
                      the court to enter into a mini trial or elaborate
                      review so as to usurp the jurisdiction of the Arbitral
                      Tribunal but to affirm and uphold integrity and
                      efficacy of arbitration as an alternative dispute
                      resolution mechanism.
Arb P Nos. 14/2025,                                                      Page 6 of 15
15/2025, 16/2025 & 17/2025
                                                                                  2026:JKLHC-SGR:41

               10.   Taking note of the aforesaid ratio laid down in
              Vidya Drolia's case (supra), the Supreme court in the
              case of Bharat Sanchar Nigam Ltd. v. M/S Nortel
              Networks India Pvt. Ltd., (2021) 5 SCC 738, observed
              as under:

                     44. The issue of limitation which concerns the
                     "admissibility" of the claim, must be decided by the
                     Arbitral Tribunal either as a preliminary issue, or
                     at the final stage after evidence is led by the
                     parties.

                             xxx   xxx    xxx     xx

                     47. It is only in the very limited category of cases,
                     where there is not even a vestige of doubt that the
                     claim is ex facie time-barred, or that the dispute is
                     non-arbitrable, that the court may decline to make
                     the reference. However, if there is even the
                     slightest doubt, the rule is to refer the disputes to
                     arbitration, otherwise it would encroach upon what
                     is essentially a matter to be determined by the
                     tribunal.

                     48. Applying the law to the facts of the present
                     case, it is clear that this is a case where the claims
                     are ex facie time-barred by over 5½ years, since
                     Nortel did not take any action whatsoever after the
                     rejection of its claim by BSNL on 4-8-2014. The
                     notice of arbitration was invoked on 29-4-2020.
                     There is not even an averment either in the notice
                     of arbitration, or the petition filed under Section 11,
                     or before this Court, of any intervening facts which
                     may have occurred, which would extend the period
                     of limitation falling within Sections 5 to 20 of the
                     Limitation Act. Unless, there is a pleaded case
                     specifically adverting to the applicable section, and
                     how it extends the limitation from the date on
                     which the cause of action originally arose, there
                     can be no basis to save the time of limitation.

                     49. The present case is a case of deadwood/no
                     subsisting dispute since the cause of action arose
                     on 4-8-2014, when the claims made by Nortel were
                     rejected by BSNL. The respondent has not stated
                     any event which would extend the period of
                     limitation, which commenced as per Article 55 of
                     the Schedule of the Limitation Act (which provides
                     the limitation for cases pertaining to breach of
                     contract) immediately after the rejection of the final
                     bill by making deductions.

       11. In NTPCL Limited vs. SPML Infra Limited, (2023) 9
           SCC 385, the Supreme Court, while discussing the scope
           of jurisdiction of the Court under Section11(6) of the Act,
           made the following observations:
                     25. The abovereferred precedents crystallise the
                     position of law that the pre-referral jurisdiction of
                     the Courts under Section 11(6) of the Act is very

Arb P Nos. 14/2025,                                                     Page 7 of 15
15/2025, 16/2025 & 17/2025
                                                                                    2026:JKLHC-SGR:41

                     narrow and inheres two inquiries. The primary
                     inquiry is about the existence and the validity of
                     an arbitration agreement, which also includes an
                     inquiry as to the parties to the agreement and
                     the applicant's privity to the said agreement.
                     These are matters which require a thorough
                     examination by the Referral Court. The secondary
                     inquiry that may arise at the reference stage
                     itself is with respect to the non-arbitrability of the
                     dispute.
                     26. As a general rule and a principle, the
                     Arbitral Tribunal is the preferred first authority to
                     determine and decide all questions of non-
                     arbitrability. As an exception to the rule,
                     and rarely as a demurrer, the Referral Court
                     may reject claims which are manifestly and ex
                     facie non-arbitrable. Explaining this position,
                     flowing from the principles laid down in Vidya
                     Drolia , this Court in a subsequent decision
                     in Nortel Networks held (Nortel Networks case
                     SCC p. 764, para 45)
                             "45.     ... 45.1.     ...     While     exercising
                             jurisdiction under Section 11 as the
                             judicial forum, the Court may exercise the
                             prima facie test to screen and knockdown
                             ex facie meritless, frivolous, and dishonest
                             litigation. Limited jurisdiction of the Courts
                             would ensure expeditious and efficient
                             disposal at the referral stage. At the
                             referral stage, the Court can interfere
                             "only" when it is "manifest" that the
                             claims are ex facie time-barred and dead,
                             or there is no subsisting dispute."
                     27. The standard of scrutiny to examine the non-
                     arbitrability of a claim is only prima facie.
                     Referral Courts must not undertake a full review
                     of the contested facts; they must only be confined
                     to a primary first review [and let facts speak for
                     themselves. This also requires the Courts to
                     examine whether the assertion on arbitrability
                     is bona fide or not. The prima facie scrutiny of
                     the facts must lead to a clear conclusion that
                     there is not even a vestige of doubt that the claim
                     is non-arbitrable. On the other hand, even if there
                     is the slightest doubt, the rule is to refer the
                     dispute to arbitration.
                     28. The limited scrutiny, through the eye of the
                     needle, is necessary and compelling. It is
                     intertwined with the duty of the Referral Court
                     to protect the parties from being forced to
                     arbitrate when the matter is demonstrably non-
                     arbitrable [Ibid.]. It has been termed as
                     a legitimate interference by Courts to refuse
                     reference in order to prevent wastage of public
                     and private resources. Further, as noted
                     in Vidya Drolia , if this duty within the limited
                     compass is not exercised, and the Court becomes
                     too reluctant to intervene, it may undermine the
                     effectiveness of both, arbitration and the Court .
                     Therefore, this Court or a High Court, as the case
                     may be, while exercising jurisdiction under

Arb P Nos. 14/2025,                                                       Page 8 of 15
15/2025, 16/2025 & 17/2025
                                                                                    2026:JKLHC-SGR:41

                     Section 11(6) of the Act, is not expected to act
                     mechanically merely to deliver a purported
                     dispute raised by an applicant at the doors of the
                     chosen arbitrator, as explained in DLF Home
                     Developers Ltd. v. Rajapura Homes (P) Ltd.

       12. Recently, the Supreme Court in the case of Aslam Ismail
           Khan Deshmukh v. Asap Fluids Pvt. Ltd., (2025) 1
           SCC 502, after surveying previous judgments on the issue
           made the following observations:
                     43. Therefore, while determining the issue of
                     limitation in the exercise of powers under Section
                     11(6) of the 1996 Act, the referral Court must only
                     conduct a limited enquiry for the purpose of
                     examining whether the Section 11(6) application
                     has been filed within the limitation period of three
                     years or not. At this stage, it would not be proper
                     for the referral Court to indulge in an intricate
                     evidentiary enquiry into the question of whether
                     the claims raised by the petitioner are time-
                     barred. Such a determination must be left to the
                     decision of the arbitrator.

                     44. After all, in a scenario where the referral
                     Court is able to discern the frivolity in the litigation
                     on the basis of bare minimum pleadings, it would
                     be incorrect to assume or doubt that the Arbitral
                     Tribunal would not be able to arrive at the same
                     inference, especially when they are equipped with
                     the power to undertake an extensive examination
                     of the pleadings and evidence adduced before
                     them.

                     45. As observed by us in Krish Spg., the power
                     of the referral Court under Section 11 must
                     essentially be seen in light of the fact that the
                     parties do not have the right of appeal against
                     any order passed by the referral Court under
                     Section 11, be it for either appointing or refusing to
                     appoint an arbitrator. Therefore, if the referral
                     Court delves into the domain of the Arbitral
                     Tribunal at the Section 11 stage and rejects the
                     application of the claimant, we run a serious risk
                     of leaving the claimant remediless for the
                     adjudication of their claims.

                     46. Moreover, the courts are vested with the
                     power of subsequent review in which the award
                     passed by the arbitrator may be subjected to
                     challenge by any party to the arbitration.
                     Therefore, the courts may take a second look at
                     the adjudication done by the Arbitral Tribunal at a
                     later stage, if considered necessary and
                     appropriate in the circumstances.

       13. From the foregoing analysis of the legal position, it is clear
           that at the time of considering a petition under Section
           11(6) of the Act, unless it is shown that the claim is ex-

Arb P Nos. 14/2025,                                                       Page 9 of 15
15/2025, 16/2025 & 17/2025
                                                                                        2026:JKLHC-SGR:41

           facie time barred or hopelessly time barred, the Court
           exercising power under Section 11(6) of the Act for
           appointment        of      Arbitrator   should    not    reject     such
           application. If there is slightest doubt with regard to
           arbitrability of the claim on account of it being                    time
           barred, the issue for determination in this regard should
           be left to the Arbitrator and the Court while exercising its
           power under Section 11 of Act should not venture to
           determine the said issue at reference stage."


14.           In the same case, this court also considered the

question as to what is the period of limitation for a claim to

become non-arbitrable or stale and what is the period of

limitation for filing a petition under section 11 of the Act. In

this regard, paras 15 to 18 of the said judgment are relevant to

the context and same are reproduced as under:


       "15. Section 43 of the Act provides that Limitation Act, 1963,
       shall apply to arbitrations as it applies for proceedings in
       court. Sub-section (2) of the said provision further provides
       that the arbitration shall be deemed to have commenced on
       the date referred in Section 21 whereas Section 21 of the Act
       provides that unless otherwise agreed by the parties, the
       arbitral proceedings in commenced on the date on which a
       request for reference of the dispute to arbitration is received by
       the respondent.

       16. A conjoint reading of these provisions would show that the
       provisions of the Limitation Act apply to all proceedings under
       the Act, both in court and in arbitrationexcept to the extent
       expressly excluded by the provisions of the Act. In this regard,
       support can be drawn from the ratio laid down by the
       Supreme Court in the case of Consolidated Engineering
       Enterprises v. Irrigation Department, (2008) 7 SCC 169

       17. In the Arbitration Act, no limitation period has been
       prescribed     for    filing    an   application     under   Section      11.

Arb P Nos. 14/2025,                                                          Page 10 of 15
15/2025, 16/2025 & 17/2025
                                                                                 2026:JKLHC-SGR:41

       Therefore, Article 137 of the Schedule to the Limitation Act
       would apply, meaning thereby that the period of limitation for
       filing an application under Section 11 of the Act would arise
       when right to apply accrues to the petitioner. There is
       distinction between the period of limitation for enforcing a
       claim against a party and the period of limitation for filing a
       petition under Section 11 of the Act. The Supreme Court has,
       in the case of J. C. Budhraja v. Orissa Mining Corporation
       Ltd. (2008) 2 SCC 444, explained the distinction between the
       period of limitation for filing a petition and the period of
       limitation as to the claims being barred by time, in the
       following manner:

                     "25. The learned counsel for the appellant
                     submitted that the limitation would begun to
                     run from the date on which a difference arose
                     between the parties, and in this case the
                     difference arose only when OMC refused to
                     comply with the notice dated 4-6-1980 seeking
                     reference to arbitration. We are afraid, the
                     contention is without merit. The appellant is
                     obviously confusing the limitation for a petition
                     under Section 8(2) of the Arbitration Act, 1940
                     with the limitation for the claim itself. The
                     limitation for a suit is calculated as on the date
                     of filing of the suit. In the case of arbitration,
                     limitation for the claim is to be calculated on the
                     date on which the arbitration is deemed to have
                     commenced.
                     26. Section 37(3) of the Act provides that for
                     the purpose of the Limitation Act, an arbitration
                     is deemed to have been commenced when one
                     party to the arbitration agreement serves on the
                     other party thereto, a notice requiring the
                     appointment of an arbitrator. Such a notice
                     having been served on 4-6-1980, it has to be
                     seen whether the claims were in time as on that
                     date. If the claims were barred on 4-6-1980, it
                     follows that the claims had to be rejected by the
                     arbitrator on the ground that the claims were
                     barred by limitation. The said period has
                     nothing to do with the period of limitation for
                     filing a petition under Section 8(2) of the Act.
                     Insofar as a petition under Section 8(2) is
                     concerned, the cause of action would arise
                     when the other party fails to comply with the
                     notice invoking arbitration. Therefore, the period
                     of limitation for filing a petition under Section
                     8(2) seeking appointment of an arbitrator cannot
                     be confused with the period of limitation for
                     making a claim. The decisions of this Court
                     in Major         (Retd.)        Inder        Singh
                     Rekhi v. DDA, Panchu Gopal Bose v. Board
                     of Trustees for Port of Calcutta       and Utkal
                     Commercial Corpn. v. Central Coal Fields
                     Ltdalso make this position clear.
Arb P Nos. 14/2025,                                                   Page 11 of 15
15/2025, 16/2025 & 17/2025
                                                                             2026:JKLHC-SGR:41

       18. From the foregoing analysis of legal position, it is deduced
       that the cause of action for filing a petition under Section 11 of
       the Act would arise when the opposite party fails to comply
       with the notice invoking arbitration clause whereas limitation
       for the claim has to be calculated on the day on which the
       arbitration is deemed to have commenced. Thus, the cause of
       action for filing a petition under Section 11 of the Act would
       arise when the respondent fails to respond to the notice for
       invocation of arbitration clause and the limitation with regard
       to claim, which is subject matter of arbitration, has to be
       calculated as on date when the notice for invocation of
       arbitration clause is issued. Therefore, if the claim of a party
       filing a petition under Section 11 of the Act is time barred as
       on date of invocation of the arbitration clause, then, of course,
       his claim would qualify to be a dead claim and, as such, non-
       arbitrable. Similarly, if a party files a petition beyond a period
       of three years after invocation of the arbitration clause, his
       petition will be time barred."




15.           With the aforesaid legal position in mind, let us now

analyze the facts of the present case.           As per the case of the

petitioner, its claim was rejected by the respondents when

consideration order dated 23.12.2019 came to be passed by

the respondents pursuant to directions passed by the writ

court.    It is to be noted that in spite of passing of the said

order, the       petitioner   continued to pursue          the contempt

proceedings, which came to be closed on 22.10.2020 leaving it

open to the petitioner to avail appropriate remedy.

16.           Admittedly the arbitration clause has been invoked

by the petitioner in May 2023.               The cause of action for

invoking the arbitration clause arose in favour of the petitioner


Arb P Nos. 14/2025,                                              Page 12 of 15
15/2025, 16/2025 & 17/2025
                                                                    2026:JKLHC-SGR:41

only when        the respondents declined its claim by     passing

consideration order dated 23.12.2019 and thereafter when the

court, exercising contempt jurisdiction, refused to interfere in

the matter leaving it open to the petitioner to avail appropriate

remedy.       Thus, when the petitioner invoked the arbitration

clause in May 2023, the same was done by it within the

prescribed period of three years. Thereafter the petitioner has

filed the instant petition in May, 2025 well within the

prescribed period of three years from the date of invocation of

arbitration clause.

17.           Thus, it cannot be stated that the claim of the

petitioner is ex facie time barred because it has invoked the

arbitration clause within three years of refusal of respondents

to entertain its claim and the present petition has been filed

within three years of invocation of the arbitration clause.

Though this issue has to be gone into and analyzed by the

arbitral tribunal before considering the claims of the petitioner

on merits, this Court, while exercising its power under Section

11 (6) of the Act, cannot go into this issue and it is only the

arbitral tribunal, who can go into all these issues during

arbitral proceedings.

18.           For the aforesaid reasons, the objection raised by

the respondents with regard to maintainability of these

petitions and non-arbitrability of the claims of the petitioner on

account of the same being time barred is rejected. Once it is

held that issue with regard to arbitrability of the claims of the

Arb P Nos. 14/2025,                                      Page 13 of 15
15/2025, 16/2025 & 17/2025
                                                                       2026:JKLHC-SGR:41

petitioner/company on the ground of limitation is a matter,

which is required to be gone into by the arbitral tribunal and

once it has been found that there is a arbitration clause

existing between the parties, which has been invoked by the

petitioner without any response from the respondents, there is

no other option available with this Court except to refer the

disputes arising between the parties to arbitral tribunal.


19.       Accordingly, the petitions are disposed of by referring

all the disputes and differences covered by the agreements,

to the learned Sole Arbitrator in the following terms:


   (I)      Hon'ble Mr. Justice Rashid Ali Dar, former
            judge of this Court, is appointed as the Sole
            Arbitrator to adjudicate upon the disputes
            and differences between the parties arising
            out of and in connection with the agreement
            referred to above.

   (II)     A copy of this order be communicated to the
            learned Sole Arbitrator by the Registry of
            this Court within a period of ten days from
            today.

   (III)    The learned Sole Arbitrator is requested to
            forward          the   statutory   statement   of
            disclosure under Section 11(8) read with
            Section 12(1) of the Act of 1996 to the
            parties within a period of two weeks from
            the date of receipt of this order.




Arb P Nos. 14/2025,                                         Page 14 of 15
15/2025, 16/2025 & 17/2025
                                                                             2026:JKLHC-SGR:41


      (IV)   The parties shall appear before the learned
             Sole Arbitrator on a date and place to be
             fixed by the learned Sole Arbitrator.

      (V)    All the arbitral costs and fee of the Arbitral
             Tribunal shall be borne by the parties
             equally and shall be subject to final award
             that   may      be    passed     by    the     learned
             Arbitrator in relation to the costs.

      (VI)   The     learned      Arbitrator       shall,    before
             proceeding      to   decide    the    merits   of the
             claims, decide the issue with regard to
             limitation after hearing the parties.


14.




                                                     (SANJAY DHAR)
                                                         JUDGE
JAMMU
06.03.2026
Naresh/Secy.
                    Whether the judgment is speaking: Yes
                    Whether the judgment is reportable: No

                                      ...

Arb P Nos. 14/2025, Page 15 of 15

15/2025, 16/2025 & 17/2025



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