1 2025:HHC:27084 I N THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA . OMP Nos.1015 & 1016 of 2025 in Arb. Case No.622 of 2023 Decided on: 08.08.2025 Hemant Aggarwal ......non-applicant Versus M/s V. Care Biotech and others ...respondents Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. Whether approved for reporting?1 For the respondents-applicant: Mr. Subhash Sharma, Senior Advocate, with Mr. Prantap Sharma, Advocate. For the non-applicant: Mr. Sanjeev Kuthiala, Senior Advocate with Ms. Tamanna Sharma, Advocate. G.S. Sandhawalia, Chief Justice (Oral) The present application has been filed by the applicant-respondent No.3, Inderjot Singh Kapoor, for recalling the order dated 23.05.2025 (Annexure A3), passed in OMP No.654 of 2025 in Arbitration Case No.622 of 2023. 2. Vide the said order, the mandate of the Arbitrator was extended till 31.12.2025 keeping in view the fact that the case was at an advanced stage and the statement of the 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2 defence had already been filed. The rejoinder had also been filed and the next date was fixed for 31.05.2025. 3. While extending the mandate, the following reasons were given:-. “4. In such circumstances, this Court is of the opinion that it would be in the interest of justice if mandate is extended since it would be detrimental to the claimant as such, in case the time for concluding the proceedings is lapsed, especially keeping in view the fact that the earlier Arbitrator has recused in the proceedings on the basis of an application filed by the respondents.” 4. It is a matter of regret, that now the application has been filed that there is no sufficient cause as such for extending the mandate on the ground that notice had not been issued to the applicant. The learned arbitrator prior to that vide order dated 25.04.2025, had noticed the stage of the proceedings and directed that the claimant is permitted to move an application seeking extension of the mandate in accordance with law. 5. At that point of time, the present applicants were present before the Arbitrator and had chosen not to challenge the said order. The petitioners thereafter filed the appropriate application for extension of time which was duly granted. 3 6. The Arbitrator, thereafter, vide order dated 03.07.2025, noticed the extension as such and directed the parties to appear on 25.07.2025 for cross-examination. 7. In such circumstances, this Court is of the considered opinion that the filing of this application is only a misuse of the process of the Court, once the parties had agreed to resolve the disputes by way of resorting to arbitration. The letter and spirit of arbitration proceedings as such would be defeated, if parties were to resort to such kind of litigation and contest even the extension of the mandate of the arbitrator. 8. Resultantly, there is no merit in the present application and the same is dismissed. Accordingly application for stay of the proceedings before the Arbitrator is also dismissed. August 08 , 2025 ( G.S. Sandhawalia ) (ankit) Chief Justice