Authority: High Court of Jammu & Kashmir and Ladakh at Srinagar
Order Date: 21.08.2026
Case Overview
- Petitioner: M/S WANI INFRATECH PRIVATE LIMITED, represented by Advocate Shuja-ul-Haq.
- Respondents: Union of India and others, represented by Advocates Rehana Qayoom and T.M. Shamsi, DSGI.
- Petition filed under Section 11(6) of the Arbitration and Conciliation Act seeking appointment of an independent arbitrator.
- Contract: Engineering, Procurement and Construction (EPC) of infrastructure for certain hospitals at BB Cantt, Srinagar, valued at Rs 51,52,90,000, acceptance letter dated 14 March 2023.
- Delay in provision of architectural drawings prevented completion within the agreed timeline; contract subsequently cancelled and fresh tenders invited.
- Contract contained a Dispute Resolution Board (DRB) mechanism; DRB failed to resolve the dispute within the period prescribed in Clause 33.1.10.
- Respondents objected to court appointment, arguing that the contractual dispute‑resolution mechanism should be exhausted first.
- Court observed that the petitioner had indeed approached the DRB, which could not resolve the matter within the stipulated period, and therefore the arbitration clause could be invoked.
Final Outcome
- Petition allowed.
- Shri Mr. Justice Nissar Ahmad Kakru, Former Chief Justice, appointed as arbitrator to adjudicate the disputes.
- The arbitrator shall enter reference, notify all parties, and determine the disputes in accordance with law, charging fees as per the Fourth Schedule of the Act.
Topics: Arbitration, Public Procurement, Infrastructure