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2025 DAILYLAW 21691 (HP)

STATE OF HP v. M/S MADHAVA HYTECH ENGINEERS PVT LTD

OMP/1171/2024 · 2025-01-10

Ranjan Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA OMP No.1171 of 2024 in Arb. Case No. 111 of 2021 Date of decision: 10.01.2025 ____________________________________________________________ M/s Madhava Hytech Engineers Pvt.Ltd and ors. ......Applicants/Petitioners Versus The Executive Engineer, NH Division, HPPWD, Joginder Nagar, Mandi. ……Respondent For the applicants: Mr. Vishav Deep Sharma, Additional Advocate General For the Non-applicant/ respondent: Mr. Vivek Darhel, Advocate. Coram Hon’ble Mr. Justice Ranjan Sharma, Judge 1 Whether approved for reporting? Ranjan Sharma, Judge OMP No. 1171 of 2024 Applicants/petitioners i.e Government of Himachal Pradesh through Executive Engineer N.H Division Joginder Nagar has filed the instant application under Section 151 CPC seeking withdrawal of the objection petition i.e Arbitration case No. 111 of 2021 filed under Section 34 of 1 Whether reporters of Local Papers may be allowed to see the judgment? - 2 - the Arbitration and Conciliation Act against the Award dated 06.07.2018 on the ground that during the pendency of the instant case, Non-applicant (M/s Madhava Hytech Engineer Pvt .Ltd Down Town N.T.R Garden NTR Marg, Necklace Road, Hyderabad had submitted an application to settle the dispute, under the Vivad Se Vishwas-II Scheme initiated by the Ministry for Settlement of Arbitration disputes. Accordingly, the claim was examined by the Ministry through GeM Portal under the Vivad Se Vishwas-II Scheme and the dispute was settled/accepted for total amount of Rs. 86,80,166 in terms of communication dated 12.08.2024 Annexure A-1, whereby non-applicant has been held entitled for above payment. 2. Para-3 of the application indicates that pursuant to the settlement dated 12.08.2024, Annexure A-1, the non- applicant was required to withdraw the cases within 45 days from the date of acceptance of the offer on 27.11.2024 and therefore, it has become necessary that the settlement is given effect and taken to the logical end. 3. In view of the averments made in the application which are supported by an affidavit, the application is allowed and the applicant is permitted to withdraw the objections - 3 - against the Award by way of this application. Ordered accordingly. 4. In the aforesaid terms, the instant application i.e. [OMP No.1171 of 2024] as well as Arb. Case No.111 of 2021, is disposed of in aforesaid terms. 5. Needless to say that in terms of the withdrawal of objections in pursuance to the settlement as in communication dated 12.8.2024 Annexure A-1 and its acceptance by the non-applicant, therefore, this Court directs the State Authorities to take consequential action in the matter for releasing the agreed/settled dues payable to the non-applicant under the Vivad Se Vishwas-II Scheme expeditiously and in accordance with law. (Ranjan Sharma) Judge January 10, 2025 G.M