IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Arb.Case No.148 of 2025 Decided on: 01.08.2025 _________________________________________________________________ Sarabai Enterprises Private Limited ....Petitioner Versus HPSEBL …Respondent _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua, 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Vikas Chauhan, Advocate. For the respondent: Ms. Vandana Misra, Advocate. Jyotsna Rewal Dua, Judge Present is a petition preferred under Section 9 of the Arbitration and Conciliation Act, 1996 (the Act in short) wherein prayer was made to restrain the respondent-Board from making any further deductions or recovering any amount towards Operation & Maintenance (O&M) Charges of the Interconnection Facility from the petitioner pending constitution of the Arbitral Tribunal. 2. Pursuant to the notice issued in the petition, 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - learned counsel for the respondent, on 29.05.2025, had undertaken that till the next date of hearing, further O&M Charges of the Interconnection Facility shall not be deducted/recovered from the petitioner. The said undertaking has continued till date. Learned counsel for the respondent has placed on record a copy of decision rendered in Sarabai Enterprises Private Limited Vs. HPSEBL2. 3. The aforesaid was a case moved by the present petitioner seeking appointment of Arbitrator under Section 11 of the Act. The parties therein were relegated for availing the remedy before the Himachal Pradesh State Electricity Regulatory Commission (HPSERC) which had the power under Section 86(i)(f) of the Electricity Act, 2003, to adjudicate upon the dispute. 4. In view of order passed in Sarabai Enterprises Private Limited2, this petition is disposed of with liberty to the petitioner to raise the grievances raised in the present petition before the appropriate authority i.e. HPSERC. Learned counsel for the respondent submits that for a period of four months from today, respondent shall not deduct 2 Arb.C. No.737 of 2024 decided on 11.07.2025. - 3 - further O&M Charges of the Interconnection Facility from the petitioner, to enable the petitioner to move HPSERC during interregnum. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge August 01, 2025 R.Atal