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2025 DAILYLAW 19936 (HP)

PREM CHAND AND ANOTHER v. KEWAL KUMAR BAJAJ SINCE DECEASED THROUGH LRS AMIT BAJAJ AND OTHERS

ARB.A/111/2024 · 2025-06-24

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arb. Appeal No.111 of 2024 Decided on: 24th June, 2025 ------------------------------------------------------------------------------------- Prem Chand Badhan and another …..Appellants Versus Kewal Kumar Bajaj (Deceased) through his LRs and another .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Appellants: Mr. Chander Shekhar Thakur, Advocate. For the Respondents: Mr. N.K. Bhalla, Advocate, for respondents No.1(a) to 1(c). None for respondent No.2. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge The appellants have invoked Section 37 of the Arbitration and Conciliation Act, 1996 (in short ‘the Act’) for assailing the order dated 08.07.2024 passed by the learned Civil Judge, Court No.1, District Solan, dismissing their application moved under Section 8 of the Act. 2. Learned counsel for the respondents/plaintiffs took an objection regarding maintainability of the present appeal under Section 37 of the Act and contended that 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 jurisdiction to assail the order passed by the learned Civil Judge, dismissing appellant’s/defendant’s application under Section 8 of the Act, lies with the learned District Judge concerned. 3. At this stage, learned counsel for the appellants/defendants seeks permission to withdraw the appeal with liberty to seek appropriate remedy as available to the appellants in law for assailing the order dated 08.07.2024. In view of above, the present arbitration appeal is disposed of as withdrawn alongwith pending miscellaneous application(s), if any. Time taken in pursuing this appeal shall not be computed for the purpose of limitation. Jyotsna Rewal Dua June 24, 2025 Judge Mukesh