1 2025:HHC:28528 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Arb. Case No.952 of 20 24 Decided on: 22.08.2025 Devender Kumar Gupta ......Petitioner Versus M.C. Shimla ...Respondent Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. Whether approved for reporting?1 For the petitioner: Mr. D.N. Sharma, Advocate. For the respondents: Mr. Mukul Sood, Advocate. G.S. Sandhawalia, Chief Justice (Oral) The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator. 2. Reference has been made to Clause 25 of the agreement and that the execution of the work amounting to Rs.7,43,537/- was to be carried out for channelization of Nalah from Plus Point Shop to Lower Sangti, Near Varun Bahawan in the area of Ward No.24 of the Municipal Corporation, Shimla. 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2 2025:HHC:28528 3. The necessary notice was sent on 28.07.2024 (Annexure A-6), proposing names of the Arbitrator as such. 4. The stand of the respondent-Corporation is that the work had not been completed despite repeated requests, which has been controverted by filing a rejoinder (sic replication). 5. Keeping in view the fact that there is no denial as such of the Arbitration Clause inter se the parties, this Court is of the considered opinion that the matter is likely to be resolved by relegating the parties to arbitration proceedings, since they agreed upon the same. 6. Resultantly, this Court is of the opinion that since the parties have agreed amongst themselves for the matter to be settled by way of arbitration, the present petition is allowed and accordingly Ms. Priyanka Chauhan, Deputy Advocate General (Mob. No.8219306116), is appointed as an Arbitrator to adjudicate the dispute between the parties, after her disclosure in writing is obtained in terms of Section 11(8) of the Act and only after receipt thereof, her appointment, as an Arbitrator, shall come into force. 3 2025:HHC:28528 7. On her giving consent to arbitrate the dispute between the parties as an Arbitrator, Ms. Priyanka Chauhan, Deputy Advocate General, shall enter into reference, and shall pass an award in accordance with law. 8. 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. August 22, 2025 ( G.S. Sandhawalia ) (ankit) Chief Justice