DIVISIONAL MANAGER HP STATE FOREST DEVELOPMENT CORPORATION LTD v. RAKESH CHAUHAN
ARB.C/747/2024 · 2025-05-02
Gurmeet Singh Sandhawalia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14663 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14663 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 2025:HHC:12306 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Arb. Case
No.
7 47 of 20
2 4 Decided on: 02.05.2025 Divisional Manager, H.P. State Forest Development Corporation Ltd. ......Petitioner Versus Rakesh Chauhan ...Respondent Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. Whether approved for reporting?1 For the petitioner: Ms. Kiran Dhiman, Advocate. For the respondent: Mr. Kishore Pundeer, Advocate. G.S. Sandhawalia, Chief Justice
(Oral)
The instant petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator as per the agreement dated
24.05.2019.
2. Learned counsel for the respondent submits that he does not wish to oppose the petition. The circumstances show that there is an agreement inter se the parties and dispute has arisen and demand as such was raised to deposit a sum of Rs.5,61,977/- against the respondent and 1 Whether the reporters of Local Papers may be allowed to see the judgment?
2 respondent was put to notice that appointment of the Arbitrator had to be made and called upon to attend the office of the petitioner-Corporation on 03.11.2021 and 11.04.2022, respectively.
3. Keeping in view the above, I am of the considered opinion that the matter can be resolved by appointment of an Arbitrator. Accordingly, the application is allowed and Mr. Surinder Kumar Sharma, Advocate, HIM No.220 of 2003 (Mob. No.9418047147) 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.
4. On his giving consent to arbitrate the dispute between the parties as an Arbitrator, Mr. Surinder Kumar Sharma, Advocate, shall enter into reference, and shall pass an award in accordance with law.
5. 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
3 to fee as per stipulation contained in 4th Schedule appended to the Arbitration and Conciliation Act, 1996. May 02
, 2025
( G.S. Sandhawalia ) (ankit)
Chief Justice