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2025 DAILYLAW 22323 (HP)

Executive Engineer Shimla Div I v. Kapil Constructions

RP/111/2024 · 2025-05-16

Gurmeet Singh Sandhawalia

Review Petitionbody2025

Judgment text

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1 2025:HHC:14731 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Review Petition No . 111 of 20 24 Decided on: 16.05.2025 The Executive Engineer Shimla ......Petitioner Versus Kapil Construction ...Respondent Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. Whether approved for reporting?1 For the petitioner: Mr. Rakesh Dhaulta, Additional Advocate General. For the respondent: Mr. Suneet Goel, Senior Advocate with Mr. Vivek Negi, Advocate. G.S. Sandhawalia, Chief Justice (Oral) Review by State is sought of the order dated 19.07.2024 in Arb. Case No.561 of 2024, whereby the termination of the mandate of the Superintending Engineer, Arbitration Circle, HPPWD, Solan, had been prayed for and was duly allowed. 2. Costs of Rs.5000/- was imposed on the ground that the appointment of the Arbitrator on 21.06.2014 was against the amendment made in Section 12 of the Arbitration 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2 and Conciliation Act, 1996. Therefore, the appointment of the Arbitrator as such has been questioned being a Government employee, for which the costs has been imposed. 3. Order having been passed in the open Court by the predecessor of the undersigned is not liable to be questioned, as apparently it was the discretion of the Court as such to impose the costs on account of the fact that the contractor was forced to come to this Court on account of the illegal action of the State. Resultantly, no ground for review is made out. 4. Accordingly, the review petition stands dismissed. May 16, 2025 ( G.S. Sandhawalia ) (ankit) Chief Justice