Case Details

HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR AP No. 05/2018 Date of Order: 12.03.2019 M/s Rash Builders India Pvt. Ltd. Vs. J&K State Power Development Corporation For petitioner(s): Mr. Imtiyaz Sofi, Adv. For respondent(s): Ms. Asifa Padroo, AAG vice Mr. Hakeem Aman Ali, GA. Service report has not been received so far. However, I am informed by Ms. Asifa Padroo, learned AAG that Mr. Hakeem Aman Ali, learned GA represents the J&K State Power Development Corporation. Let a copy of this petition be served upon Mr. Hakeem Aman Ali, learned GA so as to enable him to file reply, if any, within four weeks after the receipt of the copy of this order. List on 08.05.2019. (GITA MITTAL) CHIEF JUSTICE Srinagar 12.03.2019 Altaf Coram: HON’BLE THE CHIEF JUSTICE. Appearance: i/ Whether to be reported in Yes/No Press/Media? ii/ Whether to be reported in Yes/No Digest/Journal? Serial No. 27 Regular List [email protected] 2019-03-14T17:34:41+0530 MOHAMMAD ALTAF NIMA I attest to the accuracy and integrity of this document

S. No. 4 Reg. list (proceedings held through Video Conferencing with the Bench at the residence of Hon’ble the Chief Justice and counsel and the parties in the court. HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR AP No. 5/2018 Date of order: 15.05.2019 M/s Rash Builders India (Pvt.) Ltd. Vs. J&K State Power Development Corporation CORAM: HON’BLE THE CHIEF JUSTICE. Appearance: For petitioner(s): Mr. Z. A. Shah, Sr. Advocate with Mr. A. Hanan, Advocate For respondent(s): Ms. Farah Bashir, Dy. AG. Time is sought to file objections. Let the same shall positively be filed within three weeks from today. List on 9th July, 2019. (GITA MITTAL) CHIEF JUSTICE SRINAGAR 15.05.2019 “Manzoor” [email protected] 2019-05-17T16:23:40+0530 MANZOOR UL HASSAN DAR

IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR AP No. 5/2018 M/s Rash Builders India Pvt. Ltd. ---Petitioner(s) Through: Mr. Imtiyaz Sofi, Adv. V/s J&K State Power Development Corporation ---Respondent(s) Through: Mr. Irfan Andleeb, Dy. AG Reply has been filed in terms of order dated 15th May 2019. Copy of the same has been handed over to learned counsel for the petitioner in the open court. Time is sought by learned counsel for the petitioner to examine the same before making submissions. On his request, list on 20th August 2019. (GITA MITTAL) CHIEF JUSTICE Srinagar 09.07.2019 Altaf CORAM: HON’BLE THE CHIEF JUSTICE ORDER 09.07.2019 Serial No. 16 Regular List [email protected] 2019-07-12T10:41:43+0530 MOHAMMAD ALTAF NIMA I attest to the accuracy and integrity of this document

Serial No. 3 Advance List IN HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR AP No. 5/2018 M/s. Rash Builders India (Pvt) Ltd. …… Appellant (s)/Petitioner(s) Through: None. V/s J&K State Power Development Corporation. ….…….. …..Respondent(s) Through: None. Coram: Hon’ble the Chief Justice. ORDER 20.08.2019 On account of restrictions on the movement of traffic in the State, counsel for the parties are not available. List again on 25 th October, 2019. (Gita Mittal) Chief Justice Date: 20.08.2019 Tilak, Jt. Reg./Secy

Serial No. 3 Advance List IN HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR AP No. 5/2018 M/s. Rash Builders India (Pvt) Ltd. …… Appellant (s)/Petitioner(s) Through: None. V/s J&K State Power Development Corporation. ….…….. …..Respondent(s) Through: None. Coram: Hon’ble the Chief Justice. ORDER 20.08.2019 On account of restrictions on the movement of traffic in the State, counsel for the parties are not available. List again on 25 th October, 2019. (Gita Mittal) Chief Justice Date: 20.08.2019 Tilak, Jt. Reg./Secy

HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR AP No.5/2018 M/S Rash Builders India (Pvt.) Ltd. … Appellant/Petitioner(s) Through: Mr. I. Sofi, Advocate V/s J&K State Power Development Corporation …Respondent(s) Through: Ms. Nida Najma, Assisting Counsel vice Mr. Irfan Andleeb, Dy. AG Coram: HON’BLE THE CHIEF JUSTICE ORDER 24.12.2019 List on Thursday i.e. 26.12.2019. A (GITA MITTAL) CHIEF JUSTICE Srinagar 24.12.2019 Shameem H. Serial No.25 Supplementary List [email protected] 2019-12-28T11:39:41+0530 SHAMEEM HAMID MIR I attest to the accuracy and integrity of this document

AP No. 05/2018 Page 1 of 4 Serial No. 13 Suppl. List. HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR ******* AP No. 05/2018 M/s Rash Builders India (Pvt) Ltd …Petitioner(s) Through:Mr. I. Sofi, Advocate. Vs J&K State Power Development Corporation& Ors. …Respondent(s) Through: Mr. Irfan Andleeb, Dy. AG. CORAM: HON’BLE THE CHIEF JUSTICE. ORDER 01. The instant petition has been filed under Sections 11 (5) and (6) of the Jammu and Kashmir Arbitration and Conciliation Act 1997 for appointment of the Arbitrator. 02. It is an admitted position that the petitioner was allotted the contract relating to “Restoration of Wangath Link Canal between RD 6285M to 6675M (432M approximately by way of construction of 288M, 4 Meter dia (Finished), Circular Shaped Tunnel and 144 M Cut and Cover conduits I Open Cut Excavation, USHP –II, Kangan” vide allotment letter dated 04.05.2012. 03. The petitioner has contended that the General Conditions of Contract, which form a part of the Contract between the parties, include clause 53.2, which contains the dispute resolution mechanism and reads as under: AP No. 05/2018 Page 2 of 4 Clause 53.2 “if any dispute arises out of or in connection with the terms and conditions of this contract or an to be interpretation thereof or as to conformity of the works with the plan, specification and measurement etc., the same shall be settled by the Arbitration. The Arbitrators nominated by the parties or appointed by the intervention of courts shall be bound by following terms while arbitrating the dispute…” 04. The petitioner has contended that the respondents committed several breaches of their contractual and legal obligations which included delayed supply of power for construction purposes, renewal of explosive license, finalization of tunnel inlet portal proposal, finalization of support system besides there was stoppage of work due to resistance of locals, court orders, inclement weather and shortage of JEHLUM Brand Cement etc. The applicant incurred costs which it was entitled to recover from the respondent. Further, on several occasions, the respondent withheld considerable amounts for work done quantities from the applicant’s interim payment certificates arbitrarily and without any reason whatsoever. As a result, the applicant has suffered huge damages. Moreso delayed payment of work done quantities, price variation bills, undue deductions, retention of bank guarantees and imposition of undue penalty etc. has further aggravated the losses to the applicant. 05. The petitioner has also contended that on account of the failure of the respondents to fulfill its contractual and legal obligations, delay of 21 months and 22 days was caused resulting in idling and under-utilization of machinery all of which are completely attributable to the acts and omissions of the respondents. AP No. 05/2018 Page 3 of 4 06. The applicant has submitted that vide letters dated 10 th of July, 2018 and 24 th of October 2018, it had requested the respondents for settlement of all outstanding claims which included (i) work done quantities not paid (ii) price variation amounts not paid (iii) delay in payments of an account bills and Final bill (iv) delay in payment of Price variation bills (v) undue deduction of penalty (vi) withholding of amounts on account of electricity charges (vii) retention of penalty (viii) delay in release of bill deposits (ix) delay in release of bank guarantees. 07. As these claims were not settled, the petitioner addressed the letter dated 24 th of October 2018 seeking reference of all the disputes and claims in accordance with the Clause 53.2 of the General Conditions of Contract executed between the parties. The petitioner has also proposed the names of three retired judges of this court with a request to appoint any one of them as the sole arbitrator to adjudicate the dispute. 08. In the reply filed by the respondents, receipt of the letter dated 24.10.2018 for reference of the matter to the arbitration stands admitted. It is also admitted that no action has been taken towards appointment of the arbitrator. 09. The period of 30 days from the receipt of the said notice stands expired. The prayer of the petitioner seeking appointment of the Arbitrator in terms of Section 11 (5) and (6) of the Jammu and Kashmir Arbitration and Conciliation Act 1997 is thus justified. 10. In view of above narration, I, hereby, appoint Mr. Justice N.A. Kakru, (former Chief Justice) as an Arbitrator to arbitrate the disputes between the parties. It is left open to the learned Arbitrator to fix his fees in accordance with the applicable statutory provisions. The learned Arbitrator shall be AP No. 05/2018 Page 4 of 4 entitled to all secretarial expenses as may be incurred by him. The fees and expenses shall be paid pro rata by the parties. 12. Copy of the order be provided to the learned counsel for the parties under the seal and signature of the Bench Secretary of this Court. (GITA MITTAL) CHIEF JUSTICE. SRINAGAR 26.12.2019 Showkat [email protected] 2019-12-28T12:25:09+0600 SHOWKAT HASSAN KHAN I attest to the accuracy and integrity of this document

IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR CM No. 658/2020 in AP No. 05/2018 M/S Rash Builders India (Pvt) Ltd. ---Petitioner Through: None J&K State Power Development Corporation ---Respondent(s) Through: Mr. Irfan Andleeb, Dy. AG CORAM: HON’BLE THE CHIEF JUSTICE ORDER 25.02.2020 This matter has been placed by the Registry in view of the communication received from Justice Nisar Ahmad Kakru (Former Chief Justice), expressed inability to arbitrate in the matter. Issue fresh notice to the petitioner and his counsel returnable on 19.05.2020. List on 19.05.2020. (GITA MITTAL) CHIEF JUSTICE Srinagar 25.02.2020 Mohammad Yasin Dar V/s Serial No. 14 Advance List [email protected] 2020-02-26T20:48:53-1100 MOHAMMAD YASIN DAR I attest to the accuracy and integrity of this document

IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR CM No. 658/2020 in AP No. 05/2018 M/S Rash Builders India (Pvt) Ltd. ---Petitioner Through: None J&K State Power Development Corporation ---Respondent(s) Through: Mr. Irfan Andleeb, Dy. AG CORAM: HON’BLE THE CHIEF JUSTICE ORDER 25.02.2020 This matter has been placed by the Registry in view of the communication received from Justice Nisar Ahmad Kakru (Former Chief Justice), expressed inability to arbitrate in the matter. Issue fresh notice to the petitioner and his counsel returnable on 19.05.2020. List on 19.05.2020. (GITA MITTAL) CHIEF JUSTICE Srinagar 25.02.2020 Mohammad Yasin Dar V/s Serial No. 14 Advance List [email protected] 2020-02-26T20:48:53-1100 MOHAMMAD YASIN DAR I attest to the accuracy and integrity of this document

1 S. No. 101 Advance List IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR CM No. 658/2020 in AP No. 05/2018 (Through Video Conferencing) M/S Rash Builders India (Pvt) Limited …. Petitioner Through: Mr. Zaffar Shah, Sr. Advocate. v. J&K State Power Development Corporation …. Respondents Through: None. CORAM: HON’BLE THE CHIEF JUSTICE O R D E R 17.08.2020 1. By an order dated 26th of December, 2019, this Court had accepted petition under Section 11 (5) and (6) of the Jammu & Kashmir Arbitration and Conciliation Act, 1997 filed by the petitioner and appointed Justice Nisar Ahmad Kakru (Retd. CJ’) as the Arbitrator. 2. The Registry has received a letter from the so appointed Arbitrator, Justice Nisar Ahmad Kakru (Retd. CJ’), inter alia, expressing difficulty as follows: “1. Indeed it would have been a privilege for me, to comply with the order dated 26.12.2019, passed by the Hon’ble Chief Justice, appointing me as an arbitrator, to arbitrate the dispute having arising between the parties, in the aforementioned arbitration application, but for predicament, traceable to the access, one of the persons, closely connected with the matter of the arbitration, has had with me. Inconvenience caused to the Hon’ble Court is sincerely regretted.” 3. In view of the difficulty expressed by Justice Nisar Ahmad Kakru (Retd. CJ), substitution of the Arbitrator appointed in terms of the order dated 26.12.2019 is required. 2 4. I, therefore, appoint Shri Justice Y. P. Nargotra (Retd.) as the Arbitrator in place of learned Arbitrator appointed in terms of the order dated 26.12.2019. 5. The Ld. Arbitrator shall proceed in terms of the order dated 26th of December, 2019 passed by this Court and arbitrate the dispute between the parties. 6. The Registry shall send a copy of this order as also the order dated 26th of December, 2019. Inasmuch as the respondents are not represented the Registry shall send a copy of this order to them as well. 7. CM No. 658/2020 is disposed of in the above terms. (GITA MITTAL) CHIEF JUSTICE SRINAGAR 17.08.2020 TASADUQ SAB: [email protected] 2020-08-21T11:50:31+0530 SYED TASADUQ QADRI I attest to the accuracy and integrity of this document [email protected] 2020-08-21T11:50:31+0530 SYED TASADUQ QADRI I attest to the accuracy and integrity of this document

1 S. No. 101 Advance List IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR CM No. 658/2020 in AP No. 05/2018 (Through Video Conferencing) M/S Rash Builders India (Pvt) Limited …. Petitioner Through: Mr. Zaffar Shah, Sr. Advocate. v. J&K State Power Development Corporation …. Respondents Through: None. CORAM: HON’BLE THE CHIEF JUSTICE O R D E R 17.08.2020 1. By an order dated 26th of December, 2019, this Court had accepted petition under Section 11 (5) and (6) of the Jammu & Kashmir Arbitration and Conciliation Act, 1997 filed by the petitioner and appointed Justice Nisar Ahmad Kakru (Retd. CJ’) as the Arbitrator. 2. The Registry has received a letter from the so appointed Arbitrator, Justice Nisar Ahmad Kakru (Retd. CJ’), inter alia, expressing difficulty as follows: “1. Indeed it would have been a privilege for me, to comply with the order dated 26.12.2019, passed by the Hon’ble Chief Justice, appointing me as an arbitrator, to arbitrate the dispute having arising between the parties, in the aforementioned arbitration application, but for predicament, traceable to the access, one of the persons, closely connected with the matter of the arbitration, has had with me. Inconvenience caused to the Hon’ble Court is sincerely regretted.” 3. In view of the difficulty expressed by Justice Nisar Ahmad Kakru (Retd. CJ), substitution of the Arbitrator appointed in terms of the order dated 26.12.2019 is required. 2 4. I, therefore, appoint Shri Justice Y. P. Nargotra (Retd.) as the Arbitrator in place of learned Arbitrator appointed in terms of the order dated 26.12.2019. 5. The Ld. Arbitrator shall proceed in terms of the order dated 26th of December, 2019 passed by this Court and arbitrate the dispute between the parties. 6. The Registry shall send a copy of this order as also the order dated 26th of December, 2019. Inasmuch as the respondents are not represented the Registry shall send a copy of this order to them as well. 7. CM No. 658/2020 is disposed of in the above terms. (GITA MITTAL) CHIEF JUSTICE SRINAGAR 17.08.2020 TASADUQ SAB: [email protected] 2020-08-21T11:50:31+0530 SYED TASADUQ QADRI I attest to the accuracy and integrity of this document [email protected] 2020-08-21T11:50:31+0530 SYED TASADUQ QADRI I attest to the accuracy and integrity of this document