M/S Jaima Electricals Th Hari Krishan Pangotra v. Ut of J and K Th Commissioner Secretary, Irrigation and Flood Control Department, Jammu and Others

ORDER(ORAL)

¶1Through the medium of the instant motion, the petitioner/applicant herein seeks extension of time to the Arbitral Tribunal of Sole Arbitrator, namely Ms. Renu Mahajan, by six months w.e.f. 02.11.2025 for completion of the arbitration proceedings pending before the said Sole Arbitrator. S. No. 02

Arb P No. 96/2025

¶2It is being stated that the above named Arbitrator, after entering upon the reference in terms of the provisions of the Arbitration and Conciliation Act, 1996 (for short, the Act of 1996), upon being nominated by the Chairperson, Arbitration Committee (JKIAC) vide order dated 02.05.2024, proceeded to conduct the proceedings, however, in the process, the timeline of 12 months prescribed under the Act of 1996 for completion of the said proceedings and passing of an award expired on 03.05.2025 which, however, came to be extended for a further period of six months with the consent of the parties vide procedural order dated 04.06.2025, which subsequently came to be further extended for a period of six months, having been expired on 02.11.2025.

¶3It is being further stated that the petitioner/applicant herein has concluded most of the evidence in the arbitration proceedings barring partial cross-examination of one of his witness, as also the cross-examination of the witnesses of the respondents/non-applicants herein to be undertaken by the counsel for the petitioner/applicant herein, and that on 24.10.2025, the Sole Arbitrator directed the parties to seek extension of time from this Court for completion of the arbitration proceedings and, as such, deferred further proceedings in the matter.

¶4It is being further stated that there is no wilful delay or default attributable to the petitioner/applicant herein in prosecuting arbitration proceedings and that the non-completion of the arbitration proceedings before the Sole Arbitrator got delayed on account of unusual intervening complexities of situations and circumstances.

Arb P No. 96/2025

¶5Objections to the application have been filed by the respondents/non-applicants, wherein the nomination of the Sole Arbitrator is being admitted, as also the undertaking of arbitration proceedings by the said Arbitrator, while stating that the facts pleaded by the petitioner/applicant herein in the petition to the extent the same are duly supported from the official departmental records are admitted and stand acknowledged as correct, not requiring any further proof.

¶6It is summed up in the said objections that the extension of time sought by the petitioner/applicant herein be granted w.e.f. 02.11.2025 in order to enable the Sole Arbitrator to complete the arbitration proceedings. Heard counsel for the parties and perused the record.

¶7Having regard to the record available on the file, the contents of the application, as also the objections filed thereto, inasmuch as the respective submissions of the appearing counsel for the parties as also the relevant provision of the Act of 1996, the application in hand deserves to be allowed.

¶8Accordingly, the application is allowed, and a period of six months w.e.f.

02.11.2025 is granted/extended to enable the above named Sole Arbitrator for completion of the arbitration proceedings pertaining to the case titled as "JAIMA Electricals Vs. UT of J&K & others".

¶9Disposed of.

(Javed Iqbal Wani)

Judge Jammu

19.11.2025 Diksha

Whether the order is speaking: Yes/No

Whether the order is reportable: Yes/No

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case No. :- Arb P No. 96/2025 Date of Pronouncement: 19.11.2025 Uploaded on : 24.11.2025 1. M/S Jaima Electricals (A Sole Proprietorship Industrial Manufacturing Unit)Through its Sole Proprietor Sh. Hari Krishan Pangotra, through his auth. Signatory Sh. Rajesh Pangotra, Works at: 146-B, Birpur Industrial Estate, Bari Brahamana, District Samba, Union Territory of Jammu & Kashmir- 181133. …..Petitioner(s) Through: Mr. Gourav Kotwal, Advocate vice Mr. Dheeraj Nanda, Advocate Q Vs 1. Union Territory of Jammu & Kashmir, through Commissioner Secretary to Government, Irrigation and Flood Control Department, Civil Secretariat, Jammu (J&K)- 180 001. 2. The Executive Engineer, Tube-Well Irrigation Division, Jammu, Irrigation Complex. Canal Road, Jammu (J&K) 3. The Chief Engineer, Irrigation and Flood Control Department, Jammu. 4. The Superintending Engineer, Hydraulic Circle, Jammu, Jammu (J&K). 5. The Assistant Executive Engineer, Tube-Well Irrigation Mech. Sub-Division 1, Satwari, Jammu (J&K). 6. Micro & Small Enterprises Facilitation Council, Jammu. 1st Floor, Udyog Bhawan, Railhead Complex, Jammu .…. Respondent(s) Through: Mr. Sumeet Bhatia, GA Coram: HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE