Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 25197 (HP)

BHUPINDER PAL MAHAJAN v. STATE OF HP AND ANOTHER

OMP/1160/2025 · 2025-08-22

Gurmeet Singh Sandhawalia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA OMP No.1160 of 2025 in Arb. Case No.462 of 2024 Date of Decision:- 22.08.2025 Bhupinder Pal Mahajan ....Petitioner Versus State of H.P. and another ....Respondents Coram The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Whether approved for reporting?1 For the Petitioner : Mr. Vishwas Kaushal and Mr. Aman Hansretta, Advocates. For the Respondents : Ms. Priyanka Chauhan, Deputy Advocate General, for the respondents-State. G.S. Sandhawalia, Chief Justice (Oral). The present petition has been filed under Sections 14 and 15 of the Arbitration and Conciliation Act, 1966 for substitution of the Arbitrator on account the fact that Sh. K.D. Sood, Senior Advocate, who was earlier appointed as Sole Arbitrator by this Court on 05.07.2024, has expired on 10.07.2025. The Arbitral Tribunal having been rendered vacant the instant application has been filed. 2. Keeping in view the above, this Court does not deem it fit as such to call for a response from the State as almost a year has been gone by since the appointment of the Arbitrator. Counsel(s) submit that the case is at the evidence stage. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 3. Resultantly, the application is allowed and Mr. R.K. Bawa, Senior Advocate of this Court present in Court is appointed as an Arbitrator (Mobile No.9816023110) to adjudicate the dispute between the parties, after his disclosure in writing is obtained in terms of Section 11(8) of the Act and only after receipt thereof, his appointment, as an Arbitrator, shall come into force. 4. On his giving consent to arbitrate the dispute between the parties as an Arbitrator, Mr. R.K. Bawa, Senior Advocate shall enter into reference, and shall pass an award in accordance with law. 5. Copy of this order be furnished to the learned counsel for the parties and also be furnished to the learned Arbitrator. The learned Arbitrator so appointed shall be entitled to fee as per stipulation contained in 4th Schedule appended to the Arbitration and Conciliation Act, 1996. 6. Accordingly, the application is disposed off alongwith pending miscellaneous application(s), if any. (G.S. Sandhawalia) Chief Justice 22nd August, 2025 (munish thakur)