1 2025:HHC:11449 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Arb. Case No. 978 of 20 23 Decided on: 25.04.2025 M/s Aishwarya Healthcare ......Petitioner Versus M/s Micropark Logistic Pvt. Ltd. & Ors. ...Respondents Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. Whether approved for reporting?1 For the petitioner: Mr. Anil Kumar, Advocate. For the respondents: Mr. Ankit Kohli, Advocate. G.S. Sandhawalia, Chief Justice (Oral) The instant petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 read with Clause 2 for appointment of an Arbitrator on 22.11.2023. 2. On 20.12.2024, the matter was referred to the Mediator at the Mediation Centre, H.P. High Court, Shimla and Mr. N.K. Sood, Senior Advocate, was appointed as the Mediator. 3. The matter has been settled as per the proceedings dated 10.03.2025. The Court has been informed 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2 that before the Mediator, a sum of Rs.10 lacs was handed over to the petitioner and today a sum of Rs.8,50,000/- by way of two cheques bearing Cheque No.005119 dated 24.04.2025 amounting to Rs.4,50,000/- and Cheque No.005116 dated 24.04.2025 amounting to Rs.4,00,000/-, have also been handed over to the petitioner. Photocopies have been retained on the record. 4. As per the terms of compromise, Rs.16 lacs is balance to be paid to the petitioner and the amounts are thus to be paid in two installments, i.e., Rs.8 lacs on 25.06.2025 and Rs.8 lacs on 25.08.2025. There is also a penalty clause as such, in case, the said amounts are not paid to the tune of Rs.44,95,216/- with 12% interest w.e.f. 10.03.2025 till realization. Petitioner in that eventuality will be entitled to realize the amount by filing execution petition or through any other legal mode as if it is a money decree passed in favour of the petitioner-company for the said amount. 5. Accordingly, the petition is disposed of having been rendered infructuous, in view of the settlement arrived at between the parties. Needless to say, it is open to the parties 3 to file an appropriate application, in case, the settlement still fails. 6. Pending application(s), if any, shall also stands disposed of. April 25, 2025 ( G.S. Sandhawalia ) (ankit) Chief Justice