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High Court of Himachal Pradesh · body

2025 DAILYLAW 22895 (HP)

EXECUTIVE ENGINEER v. M/s K C SHARMA CONSTRUCTION COMPANY

ARB.C/278/2025 · 2025-08-18

Jyotsna Rewal Dua

body2025

Judgment text

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1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arbitration Case No.278 of 2025 Date of decision: 18.08.2025 The Executive Engineer. ...Petitioner. Versus M/s K.C. Sharma Construction Company & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. V.S. Chauhan, Senior Advocate with Mr. Arsh Chauhan, Advocate. For the respondents : Ms. Menka Raj Chauhan, Deputy Advocate General, for respondents No.2 to 5-State. Jyotsna Rewal Dua, Judge Notice confined to respondents No.2 to 5, which is accepted by Ms. Menka Raj Chauhan, learned Deputy Advocate General. In view of nature of order being passed hereinafter neither the reply is required to be called from respondents No.2 to 5, nor notice is required to be issued to respondent No.1. With consent of learned counsel for the parties, matter is heard at this stage. 2. Petitioner/State, which is the respondent before the learned Arbitrator, has moved the present petition under 1Whether reporters of Local Papers may be allowed to see the judgment? Yes Section 27 of the Arbitration and Conciliation Act, 1996, seeking issuance of process to the witnesses detailed at Serial Nos.A to C in para 4 of the petition, to attend the Arbitral Tribunal on 27.08.2025 at the Institute of Engineers, Sector 19, Madhya Marg, Chandigarh, for recording their statements in the arbitration proceedings pending before the learned Arbitrator. 3. The averments made in the petition, duly supported by an affidavit, read along with the order passed by the learned Arbitrator on 05.08.2025, suggest that the persons named at Serial Nos.A to C in para 4 of the petition are required to give their evidence in the arbitration proceedings and without issuance of summons from this Court, the same may not be possible. 4. Consequently, in view of the above, the present petition is allowed. Registry is directed to issue process to the persons named at Serial Nos.A to C in para 4 of the petition, asking them to appear before the learned Arbitrator on 27.08.2025 at 11:00 AM at the Institute of Engineers, Sector 19, Madhya Marg, Chandigarh, to depose in the arbitration case. Dasti summons be also issued to the petitioner on steps being taken within two days. 1Whether reporters of Local Papers may be allowed to see the judgment? Yes The petition stands disposed of in the aforesaid terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua 18th August, 2025 Judge (Pardeep)