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2025 DAILYLAW 13525 (HP)

JEET SINGH THAKUR v. THE CEO CUM SECRETARY (HIMUDA) AND ANOTHER

ARB.C/172/2025 · 2025-09-12

Gurmeet Singh Sandhawalia

body2025

Judgment text

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( 2025:HHC:31756 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arb. Case Nos.172 & 173 of 2025 Decided on 12.09.2025 Arbitration Case Nos.172 & 173 of 2025. Jeet Singh Thakur ....Petitioner Versus The CEO-cum-Secretary, ....Respondent (HIMUDA) and another Coram The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Whether approved for reporting?1 For the Petitioner(s) : Mr. Rajiv Sirkeck, Advocate, in both the petitions. For the Respondent(s) : Mr. C.N. Singh and Mr. Anshul Gandhi, Advocate, in both the petitions. G.S. Sandhawalia, Chief Justice (Oral). The present two petitions have been filed for the appointment of an Arbitrator under sub-Section 6 of Section 11 of Arbitration and Conciliation Act, 1996. The Arbitration Agreement No.37 of 2019-20 in Arbitration Case No.172 of 2025 pertains to the work Model Central Jail at Nahan District Sirmour, Himachal Pradesh and Arbitration Agreement No.38 of 2019-20 pertains to the construction of Housing Colony at Jarja, District Sirmour, Himachal Pradesh. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 2. The requisite notice as such was sent on 20.09.2024 (Annexure A-3) regarding the demands payable and for the appointment of the Arbitrator, as per Clause 25 of the agreement in both the petitions. 3. The stand of the respondents as such dated 05.10.2024 (Annexure A-4) was that the Contractor had not achieved the progress as well as not deputed the sufficient labour at the site and permission had been granted for extending the contract as such. In the written statement also, the defence is the same. Apparently, prayer of the extension has been granted on 11.09.2023, subject to certain terms & conditions, which is clear from Annexure R-6. 4. Keeping in view the above, I am of the considered opinion that the parties have themselves agreed to resolve the disputes by way of arbitration proceedings. 5. Resultantly, the application is allowed and Mr. Sunil Mohan Goel, Senior Advocate of this Court present in Court (Contact No.9418000660) is appointed as an Arbitrator to adjudicate the dispute between the parties in both the cases. After his disclosure in writing is obtained in terms of Section 11(8) of the Act and only after receipt thereof, his appointment, as an Arbitrator, shall come into force. 3 6. On his giving consent to arbitrate the dispute between the parties as an Arbitrator, Mr. Sunil Mohan Goel, Senior Advocate shall enter into reference, and shall pass an award in accordance with law. 7. Copy of this order be furnished to the learned counsel for the parties and also be furnished to the learned Arbitrator. The learned Arbitrator so appointed shall be entitled to separate fee for both the contracts as per stipulation contained in 4th Schedule appended to the Arbitration and Conciliation Act, 1996. 8. Accordingly, the application is disposed off alongwith pending miscellaneous application(s), if any. (G.S. Sandhawalia) Chief Justice 12th September, 2025 (munish thakur)