2025:HHC:32954 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.398 of 2022 Decided on: 22.09.2025 Shri Someshwar Sahakari Sakhar Karkhana Ltd. … Petitioner Versus Spray Engineering Devices Limited … Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Ms. Heena Chauhan, Advocate. For the respondent : Ms. Madhurika Shekhon, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has, inter alia, prayed for the following relief:- “a) Issue Order for the purpose of setting aside order dated 25.07.2022 (Annexure P-1) whereby application u/s 12, 13 & 16 of Arbitration and conciliation Act for rejection of reference application on the grounds that Ld. sole arbitrator does not have jurisdiction on the said reference to adjudicate application in view of the fact that the micro, small and medium enterprises development act, 2006 is not applicable in the instant matter, the said reference application does not disclose a cause of action against the petitioner and the application is barred by law and the said claim of the claimant is barred by limitation moved by the petitioner was dismissed.” 2. In light of the fact that the petitioner has assailed the 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:32954 orders passed by an Arbitrator by invoking the provisions of Article 227 of the Constitution of India, this Court is of the considered view that these proceedings are not maintainable in the present form. 3. At this stage, learned Counsel for the petitioner prays that the petitioner be allowed to withdraw these proceedings with liberty to assail the impugned order in accordance with law. 4. The petition is allowed to be withdrawn, with liberty to assail the same before the appropriate Forum subject to all just exceptions. 5. The petition stands disposed of. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge September 22, 2025 (Rishi)