Jammu & Kashmir High Court – Srinagar Bench
Deputy General Manager vs M/S Hind Timber Products on 11 March, 2026
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Serial No. 171
Regular Cause list
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(1089/2026) IN Arb P 3/2026 CM(1090/2026) c/w
i)Arb P 2/2026 CM(951/2026) CM(952/2026)
DEPUTY GENERAL MANAGER ...Appellant(s)/Petitioner(s)
Through: Mr. Syed Musaib, Dy. AG
Vs.
M/S HIND TIMBER PRODUCTS
...Respondent(s)
Through: Mr. Mehraj-ud-din Bhat, Advocate
CORAM:
HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE.
ORDER
11.03.2026
1. On mentioning, this matter is taken up out of turn.
CM No. 1089/2026 in Arb P 3/2026:
2. This is an application filed by the petitioner seeking condonation of delay
in filing the accompanying application filed under Section 34 of the Jammu
and Kashmir Arbitration and Conciliation Act.
3. It is a settled law that provisions contained under Section 5 of the Limitation
Act cannot be invoked for extending the period of limitation for filling a
petition under Section 34 of Arbitration and Conciliation Act. However, the
applicant has filed an affidavit in support of the contents of this application
that Arbitral Tribunal never delivered, dispatched or communicated to the
Department the signed copy of the award which is sought to be challenged
under Section 34 of the Arbitration and Conciliation Act.
4. Section 31(5) of the Arbitration and Conciliation Act casts duty upon the
Arbitral Tribunal to deliver the signed copy of the Arbitral Award to each
party and as per Sub-section (3) of Section 34 of the Act, application for
setting aside the arbitral award has to be made within six months from the
date on which the party making application receives arbitral award,
meaning thereby that the limitation period for filing application under
Section 34 of the Act commences from the date, singed copy of the arbitral
award is received by the party seeking to challenge the award.
5. In the present case, it is the contention of the petitioner that signed copy of
the arbitral award was never served upon him. In this view of the matter,
there is no delay in filing the petition. The application is accordingly
disposed of.
Arb P No. 3/2026:
1. Issue notice to the respondent.
2. Mr. Mehraj-ud-din Bhat, learned counsel waives notice on behalf of the
respondent, he seeks and is granted four weeks’ time for filing response.
3. In the meantime, the impugned award is stayed subject to deposition of 75%
of the award amount with the Registry of this court within a period of four
weeks. In case the amount is deposited, the same shall be kept in FDR
initially for a period of six months to be renewed periodically.
4. List on 02.06.2026.
CM No. 951/2026 in Arb P No. 2/2026
1. This is an application filed by the petitioner seeking condonation of delay
in filing the accompanying application filed under Section 34 of the Jammu
and Kashmir Arbitration and Conciliation Act.
2. It is a settled law that provisions contained under Section 5 of the
Limitation Act cannot be invoked for extending the period of limitation for
filling a petition under Section 34 of Arbitration and Conciliation Act.
However, the applicant has filed an affidavit in support of the contents of
this application that Arbitral Tribunal never delivered, dispatched or
communicated to the Department the signed copy of the award which is
sought to be challenged under Section 34 of the Arbitration and
Conciliation Act.
3. Section 31(5) of the Arbitration and Conciliation Act casts duty upon the
Arbitral Tribunal to deliver the signed copy of the Arbitral Award to each
party and as per Sub-section (3) of Section 34 of the Act, application for
setting aside the arbitral award has to be made within six months from the
date on which the party making application receives arbitral award,
meaning thereby that the limitation period for filing application under
Section 34 of the Act commences from the date, singed copy of the arbitral
award is received by the party seeking to challenge the award.
4. In the present case, it is the contention of the petitioner that signed copy of
the arbitral award was never served upon him. In this view of the matter,
there is no delay in filing the petition. The application is accordingly
disposed of.
Arb P No. 2/2026:
1. Issue notice to the respondent.
2. Mr. Mehraj-ud-din Bhat, learned counsel waives notice on behalf of the
respondent, he seeks and is granted four weeks’ time for filing response.
3. In the meantime, the impugned award is stayed subject to deposition of 75%
of the award amount with the Registry of this court within a period of four
weeks. In case the amount is deposited, the same shall be kept in FDR
initially for a period of six months to be renewed periodically.
4. List as above.
(MOKSHA KHAJURIA KAZMI)
JUDGE
SRINAGAR:
11.03.2026
“Misba”