HARENDRA SINGH PATHANIA v. STATE OF HP AND ANOTHER
OMP/1592/2025 · 2026-03-06
Gurmeet Singh Sandhawalia
body2024
DailyLaw.ai
[ 2024 DAILYLAW 470 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 470 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Harender Singh Pathania Vs. The State of Himachal Pradesh and Another. Item No. (D-20) Arb. Case No.763 of 2024
06.03.2026 Present: Mr. Suneet Goel, Senior Advocate with Mr. Vivek Negi, Advocate, for the petitioner. Ms. Arushi Negi, Deputy Advocate General, for the respondents-State. OMP No.1592 of 2025 The present application under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 has been filed for substitution of the Arbitrator on the ground that the earlier Arbitrator appointed on 01.08.2025 namely-Sanjeev Kumar Sharma, Engineer-in-Chief (Retired), HPPWD is not interested for conducting the proceedings. An e-mail has also been received from the said Arbitrator that due to health issues and personal reasons, he will not arbitrate the dispute.
2. Resultantly, this application is allowed and Mr. M.D. Sharma, District & Sessions Judge (Retired) is appointed as an substituted Arbitrator to resolve the dispute between the parties, after his disclosure in writing is obtained in terms of Section 11(8) of the Act and only after receipt thereof, shall his appointment, as an Arbitrator, come into force.
3. On his giving consent to arbitrate the dispute between the parties as an Arbitrator, Mr. M.D. Sharma, District & Sessions Judge (Retired) R/o Behind ICICI Bank,
Hotel Gold, The Mall Shimla is appointed as an Arbitrator, who shall enter into reference and pass an award, in accordance with law.
4. Copy of this order be forwarded to the learned Counsel for the parties as also to the learned Arbitrator. The learned Arbitrator so appointed shall be entitled to fee as per stipulation contained in 4th Schedule appended to the Arbitration and Conciliation Act, 1996.
5. The application stands disposed off accordingly.
(G.S. Sandhawalia)
Chief Justice
6th March, 2026 (Munish Thakur)