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2025 DAILYLAW 13663 (HP)

THE HPSCSCL v. M/S KATOCH FLOUR MILL

ARB.C/189/2025 · 2025-08-29

Gurmeet Singh Sandhawalia

body2025

Judgment text

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( 2025:HHC:29489 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arb. Case No.189 of 2025 Date of Decision:- 29.08.2025 The Himachal Pradesh State Civil ....Petitioner Supplies Corporation Limited Versus M/s Katoch Flour Mill ....Respondent Coram The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Whether approved for reporting?1 For the Petitioner : Mr. Prashant Sharma, Advocate. For the Respondent : Mr. Varun Chauhan, Advocate. G.S. Sandhawalia, Chief Justice (Oral). The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1966 for appointment of a Sole Arbitrator for resolution of disputes between the parties. 2. The agreement in question dated 17.03.2022 (Annexure P-1) was executed inter se the parties and Clause 23 of the same provides that the matter is liable to be referred to the Arbitration, in case of any dispute. 3. The necessary notice has been issued on 11.12.2024 (Annexure P-4), conveying the request of the 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 petitioner-Corporation for appointment of the Sole Arbitrator for adjudicating the disputes inter se the parties. 4. Mr. Varun Chauhan, learned counsel has put in appearance on behalf of the respondent and submits that he has no objection, if the arbitrator is appointed. 5. Keeping in view the above, the present petition is allowed and Hon’ble Mr. Justice Ajay Kumar Mittal, former Chief Justice, House No.26, Sector-4 Chandigarh-160001 (Contact No.9780008112 & 0172-2740182) (e-mail Id: ak.mittal58@ gmail.com) is appointed as an Arbitrator to adjudicate 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, his appointment, as an Arbitrator, shall come into force. 6. On his giving consent to arbitrate the dispute between the parties as an Arbitrator, Hon’ble Mr. Justice Ajay Kumar Mittal, former Chief Justice, 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 fee as per stipulation contained in 4th Schedule appended to the Arbitration and Conciliation Act, 1996. 3 8. Accordingly, the application is disposed off alongwith pending miscellaneous application(s), if any. (G.S. Sandhawalia) Chief Justice 29th August, 2025 (munish thakur)