( 2025:HHC:30453 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Arb. Case No.160 of 2025 Decided on: 5th September, 2024 __________________________________________________ M/S A.K. Builders ....Petitioner Versus The Executive Engineer, Himuda Division ...Respondent. ___________________________________________________ Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Whether approved for reporting? 1 For the Petitioner: Mr. Sumeet Raj Sharma, Advocate. For the Respondent: Mr. C.N Singh, Advocate. G.S. Sandhawalia, Chief Justice (oral) Request for appointment of arbitrator under Sub Section 6 of Section 11 of the Arbitration and Conciliation Act, 1996 (for short “the Act”) has been sought, in respect of work allotted “Model Central Jail Kanda, District Shimla, H.P i.e. Block 1 & 2 internal and external service and development of site”. 2. The said work is stated to have been awarded vide order dated 31.08.2021 for a contract price of Rs.2,25,70,801/- having an arbitration clause 25. It is not 1 Whether reporters of Local Papers may be allowed to see the judgment? - 2 - disputed that vide order dated 13.11.2024 (Annexure R-6), the contract as such was terminated, for the reasons given in the said communication, that the partners of the petitioner firm had expired and there was mis-representation as such and; there is stoppage of work. 3. The legal notice seeking appointment of the arbitrator was served on 02.04.2025 (Annexure P-3) and the response filed by the respondent as such would go on to show that the stand of mis-representation of the partnership firm was projected and the contract had been terminated on 30.11.2024. 4. Keeping in view the above, this Court is of the considered opinion that since the parties have already agreed amongst themselves to resolve the dispute by resorting to the arbitration proceedings, it is appropriate to refer the matter for arbitration. 5. Resultantly, the application is allowed and Hon’ble Mr. Justice Rajiv Sharma, former Judge of this Court, Telephone No. 98167-00002 (R/o House No. 505 (Backside First Floor), Sector 36-B, Chandigarh 160036) is appointed as an Arbitrator to adjudicate the dispute between - 3 - 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 Rajiv Sharma, former Judge of this Court, 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. 8. Accordingly, the application is disposed of alongwith pending miscellaneous application(s), if any. ( G.S. Sandhawalia ) Chief Justice 5th September, 2025 (priti)