IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Arb. Case No.765 of 2024 Decided on: 10.01.2025 Duni Chand ....applicant Versus Managing Director H.P. State Forest Development Corporation Ltd. and Another ...respondents Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Whether approved for reporting?1 For the applicant : Mr. Raman Jamalta, Advocate. For the respondents : Mr. Abhishek Nagta, Advocate. G.S. Sandhawalia, Chief Justice (Oral) This application has been filed by the applicant under Section 15 of the Arbitration and Conciliation Act, 1996 (in short the ‘Act’), for substitution of new Arbitrator. 2. It is contended by learned counsel for the applicant that Shri Man Chand Thakur, Divisional Manager (Retd.), Forest Working Division, Kullu, H.P., had been proposed to be a substituted Arbitrator to arbitrate the dispute between the parties. 3. In view of the reply filed by the respondents, they had taken time on the ground that the matter was under 1 Whether the reporters of Local Papers may be allowed to see the judgment? consideration for appointment of the said Shri Man Chand Thakur. But, the Court is informed that the said person has declined to enter into the reference. 4. A perusal of the record would go on to show that on an earlier occasion way back on 29.11.2019, the Managing Director of H.P. State Forest Development Corporation Ltd., had appointed Shri Hira Lal Rana, HPFS (Retd.), as an Arbitrator and before him the claim was filed. But, on account of an inquiry against him, it had been sought appropriate not to proceed with the arbitration proceedings before him and, therefore, Shri Kehar Singh was appointed an Arbitrator, but he also did not complete the proceedings. Thereafter, Shri B.S. Rana was appointed as an Arbitrator, who also recused from hearing the arbitration. It is thereafter, the consent of aforesaid Shri Man Chand Thakur had been obtained and he also declined to enter into the reference. 5. Keeping in view the admitted background as the said parties are already agreed to settle their dispute by way of arbitration and since the dispute pertains to Distt. Kullu, therefore, this Court deems it appropriate to appoint Shri A.S. Jaswal, District & Sessions Judge (Retd.), 138/4, Badah, Tehsil & District Kullu, Himachal Pradesh1, Pincode-175101, 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. 6. On his giving consent to arbitrate the dispute between the parties as an Arbitrator, Shri A.S. Jaswal, District & Sessions Judge (Retd.), 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 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 Act. 8. The petition is accordingly disposed of in above terms. January 10, 2025 ( G.S. Sandhawalia ) (Yashwant) Chief Justice