IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 292 ARB-550-2024 Date of decision: 07.04.2025 HIMANK RICE LAND ….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. **** 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. Ms. Harsh Rekha Kapoor, AAG, Haryana 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 Proprietor i.e. Aman Mittal. She further submits that as per her instructions, he is absconding and has not joined investigation. 3. Mr. Pardeep Sehrawat, Advocate on being confronted with aforesaid order passed by this Court, expressed his inability to controvert applicability of said order to instant case, however, submits that aforesaid order MANOJ KUMAR 2025.04.08 13:09 I attest to the accuracy and integrity of this document ARB-550-2024 -2- 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. Ms. Kapoor 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