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2025 DAILYLAW 103129 (PNJ)

M/S MAHAVIR RICE AND GENERAL MILLS v. STATE OF HARYANA AND OTHERS

ARB/551/2024 · 2025-04-07

Jagmohan Bansal

Special Leave Petitionbody2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 293 ARB-551-2024 Date of decision: 07.04.2025 M/S MAHAVIR RICE AND GENERAL MILLS ….APPLICANT Vs. STATE OF HARYANA AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: Mr. Pardeep Sehrawat, Advocate for Mr. Vivek Goyal, Advocate for the applicant. Ms. Harsh Rekha Kapoor, AAG, Haryana. Mr. B.R. Mahajan, Senior Advocate with Mr. Prateek Mahajan, Advocate and Mr. Mayank Vashishth, Advocate for respondent No. 3. **** JAGMOHAN BANSAL, J (ORAL) 1. The applicant through instant application under Section 11 of the Arbitration and Conciliation Act, 1996 (for short “1996 Act”) is seeking appointment of an Arbitrator to adjudicate the dispute between the parties. 2. Mr. B.R. Mahajan, Senior Advocate submits that this Court vide order dated 10.12.2024 has dismissed identical application in ARB-227 of 2019 titled as ‘M/s Ganpati Rice & General Mills Vs. Haryana State Cooperative Supply & Marketing Federation Limited and another’ on the ground of criminal proceedings and exclusion clause. In this case also, FIR has been registered and criminal proceedings are pending against the partners i.e. Rakesh Jain and Punit Jain. 3. Mr. Pardeep Sehrawat, Advocate on being confronted with aforesaid order passed by this Court, expressed his inability to controvert MANOJ KUMAR 2025.04.08 13:09 I attest to the accuracy and integrity of this document ARB-551-2024 -2- applicability of said order to instant case, however, submits that aforesaid order is under challenge before Supreme Court in SLP (Civil) Diary No. 6638 of 2025 titled as ‘M/s K.D. Overseas, Nilokheri Vs. State of Haryana and others’. 4. Mr. Mahajan submits that there is no stay by Hon’ble Supreme Court, thus, instant application deserves to be dismissed in the same terms. 5. The issue involved herein is no more res integra and is squarely covered by order dated 10.12.2024 passed by this Court in ARB-227 of 2019 titled as ‘M/s Ganpati Rice & General Mills Vs. Haryana State Cooperative Supply & Marketing Federation Limited and another. 6. Dismissed. 07.04.2025 [JAGMOHAN BANSAL] manoj JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MANOJ KUMAR 2025.04.08 13:09 I attest to the accuracy and integrity of this document