IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. OMP No.1199 of 2024 in Arb. Case No.149 of 2021 Decided on: 10.01.2025 M/s Amit Singla Private Limited ...Applicant Versus Border Roads Organization ...Respondent Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Whether approved for reporting?1 For the applicant : Ms. Srishti Chauhan, Advocate. For the respondent : Mr. Balram Sharma, Deputy Solicitor General of India. G.S. Sandhawalia, Chief Justice (Oral) OMP No.1199 of 2024 This application has been filed by the applicant- claimant under Section 15 read with Section 14 of the Arbitration and Conciliation Act, 1996 (in short the ‘Act’), for substitution of the Arbitrator. 2. It is mentioned that on an earlier occasion, vide order dated 13.05.2022, passed by this Court in Arbitration Case No.149 of 2021, Justice Dev Darshan Sud, 1 Whether the reporters of Local Papers may be allowed to see the judgment? Judge(Retd.), was appointed as an Arbitrator to enter into the reference. 3. Though pleadings in the arbitration case have been completed, but the final award was not delivered. In such circumstances, a letter has been sent by the applicant/ claimant to the learned Arbitrator on 20.11.2024 regarding termination of Arbitral Mandate. In such circumstances, the present application has been filed by the applicant- claimant. 4. On 30.01.2025, the following order was passed by this Court:- “Learned Deputy Solicitor General of India prays for time to seek necessary instructions, why substitution of the Arbitrator who was appointed vide order dated 13th May, 2022 has been sought. List on 10.01.2025.” 5. Mr. Balram Sharma, learned Deputy Solicitor General of India, has informed this Court that he has confirmed the aspect that the learned Arbitrator is not in a position to arbitrate the dispute. 6. Keeping in view the special difficulty of the learned Arbitrator Justice Dev Darshan Sud, Judge (Retd), not to continue with the arbitration proceedings, this application is allowed. Accordingly, Justice Pramjeet Singh Dhaliwal, Judge (Retd.), R/o House No.2254, Sector 35-C, Chandigarh, is appointed as an Arbitrator 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. 7. On his giving consent to arbitrate the dispute between the parties as an Arbitrator, Justice Pramjeet Singh, Judge (Retd.), 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. 9. The application is disposed of accordingly. January 10, 2025 ( G.S. Sandhawalia ) (Yashwant) Chief Justice