MR HARDEEP SINGH BEDI v. THE DIRECTOR URBAN DEVELOPMENT HP AND ANOTHER
ARB.C/13/2025 · 2025-05-09
Gurmeet Singh Sandhawalia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29222 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29222 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2025:HHC:13597 )
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
Arb. Case No.13 of 2025 Decided on: 9th May, 2025 __________________________________________________ Mr. Hardeep Singh Bedi ....Applicant
Versus
The Director, Urban Development, Himachal Pradesh and another. ...Respondents. ___________________________________________________ Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Whether approved for reporting? 1
For the Applicant: Mr. Suneet Goel, Senior Advocate with Mr. Vishwas Kaushal, Advocate. For the respondents: Mr. Rakesh Dhaulta, Additional Advocate General, for respondent No.1. Mr. Dinesh Bhanot, Advocate, for respondent No.2. G.S. Sandhawalia, Chief Justice (Oral)
This application has been filed for appointment of Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short “the Act’). 2. The dispute arises out of letter of award dated 12.09.2022 for an amount of Rs.1,97,93,725/- (Annexure P-
1 Whether reporters of Local Papers may be allowed to see the judgment? - 2 - 1). The issue is regarding the repairs/retrofitting of 133 housing units within a period of three months and the units to be rented out for a period of 25 years. The formal agreement was executed on 03.01.2023 (Annexure P-2). The procedure regarding the dispute resolution by amicable resolution thereafter by arbitration is provided under clause 11 of the Project Development and Management Agreement (Annexure P-3). The notice setting the procedure in motion was adopted initially by the petitioner on 10.10.2023 (Annexure P-4) and on account of not having been resolved formal notice dated 27.10.2023 (Annexure P-5) for invoking Article 11.2 of the contract agreement was put in place and the request was made for appointment of the Arbitrator. 3. As per the reply filed today, there is no such plausible defence or denial regarding the said aspects. 4. Resultantly, keeping in view the above, since the parties have resolved as such to get the matter settled through process of Arbitration, accordingly, Mr. Naresh Kumar Sood, Senior Advocate of this Court, is appointed as an Arbitrator to adjudicate the dispute between the parties. After his disclosure in writing is obtained in terms of Section
- 3 - 11(8) of the Act and only after receipt thereof, his appointment, as an Arbitrator, shall come into force. 5. On his giving consent to arbitrate the dispute between the parties as an Arbitrator, Mr. Naresh Kumar Sood, Senior Advocate, shall enter into reference, and shall pass an award in accordance with law. 6.
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. 7. Accordingly, the application is disposed of alongwith pending miscellaneous application(s), if any. ( G.S. Sandhawalia )
Chief Justice 9th May, 2025
(priti)