2025:UHC:1261 SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 21.02.2025 ARBAP No. 87 of 2023 Hon’ble G. Narendar, C.J. 1. Sri Ashutosh Thakral, learned counsel for the petitioner. 2. Case is called. Heard the learned counsel for the petitioner. 3. There is no representation on behalf of the respondents. The respondents were first represented on 16.08.2024. On that date, the matter was adjourned to 06.09.2024, as time to file objections was sought on behalf of the respondents. On 06.09.2024, the matter was adjourned to 13.09.2024, as respondents sought more time to file objections. Again, on 13.09.2024, on the request of the respondents’ counsel, the matter was adjourned to 27.09.2024, and again on 27.09.2024 the matter was adjourned to 08.11.2024 on the request of the respondents’ counsel. The matter was re-listed on 07.01.2025, and as there was no representation on behalf of the respondents, this Court ordered that, in the event, there is no representation on behalf of the respondents on the next date of hearing, the matter would be heard and disposed of, and thereafter, the matter was re-listed on 20.02.2025, and as there was no representation on behalf of the respondents, the matter was listed for today. Even today, there is no representation on behalf of the respondents. Hence, the matter is being taken up for consideration. 4. The respondents have even not replied to the demand notice dated 25.08.2023, invoking Condition No. 48 of the agreement pertaining to settlement of disputes. 5. Learned counsel for the petitioner would take the 2025:UHC:1261 Court through the Agreement dated 05.10.2017 executed at Haridwar, Uttarakhand. He would further take the Court through Condition No. 48 of the Agreement, which reads as under : “48. Disputes – a. If any dispute arises between the parties at any time in connection with the validity, interpretation, implementation or alleged material breach of any provision of this agreement, the parties shall endeavour to settle such dispute amicably. b. In case of such failure the dispute shall be referred to the Trustees of DIVYA PHARMACY or its Nominee in accordance with the provisions of The Arbitration and Conciliation Act, 1996. c. The venue for the arbitration proceeding shall be at Haridwar, Uttarakhand and the language of arbitration shall be English and/or Hindi. d. The award passed by the Arbitrators) shall be final and binding on both the parties.” 6. By the said condition, the Trustees of the petitioner-company have been nominated as Arbitrator. In view of the law declared by the Hon’ble Apex Court in the case of Perkins Eastman Architects DPC and another vs. HSCC (India) Limited, (2020) 20 SCC 760, persons with vested interest in the dispute are not entitled to arbitrate the said disputes. The law declared by the Hon’ble Apex Court is squarely applicable in this case also. 7. In that view of the matter, this Court hereby nominates and appoints retired Judge of this Court Sri Justice (Retd.) Lokpal Singh to enter upon and arbitrate the disputes between the parties, and pass an award. 8. The Registry is directed to communicate this order to Sri Justice (Retd.) Lokpal Singh, residing at House No. 415-A, Lane No. 3, Arya Nagar, P.O. Arya Vanprastha Ashram, Jwalapur, Haridwar-249407. 9. The Arbitration Application stands disposed of accordingly. (G. Narendar, C.J.) 21.02.2025 Rahul 2025:UHC:1261