1 2025:HHC:13458 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Arb. Case No. 512 of 2024 Date of decision: 09.05.2024 _____________________________________________________________ Mohini Gupta …..Petitioner Versus Jai Prakash …Respondent _____________________________________________________________ Coram: The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. Whether approved for reporting? _____________________________________________________________ For the Petitioner: Mr. Anshul Attri, Advocate. For the Respondent : Mr. Karan Singh Kanwar, Advocate. G.S. Sandhawalia , Chief Justice ( O ral) Appointment of an Arbitrator is sought under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) 2. In the Agreement of Leave and Licence, dated 15.08.2022, there is Clause 11 for settlement of dispute by way arbitration. The said Clause reads as under:- “This Agreement shall be interpreted in accordance with the laws of India, applicable to agreements executed, and to be wholly performed therein. Any controversy or claim arising out of, or in relation to this agreement, or the validity, 2 construction or performance of this agreement, or the breach thereof, shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended up to date). The arbitration and jurisdiction for all disputes will be subject to Shimla Jurisdiction only. The Award of the Arbitrator shall be final and binding on both parties. In case of arbitration, the limitation period to complete the enquiry, trail and arbitration process shall be six months. 3. The dispute in the present case is regarding the possession of Shop No. 1, measuring about 80 square feet, situated on the Ground Floor of Pee Emm Shopping Complex, Delhi Gate, Nahan, District Sirmour, H.P. 4. The necessary notice invoking arbitration under Clause 11 of the Agreement (Annexure P-5) was issued to the respondent, whereby Shri Anand Sharma, Senior Advocate of this Court, was proposed to be appointed as the Arbitrator, by the petitioner. 5. Objection to the appointment of the aforesaid proposed Arbitrator was taken by the respondent vide his reply dated 12.06.2025 (Annexure P-6) to the effect that the Leave and Licence agreement had not been executed with his consent and the alleged signatures were taken on account of his illiteracy as such. 3 6. Reply to this petition has also been filed by the respondent, wherein plea has been taken that the respondent had also filed a petition under Section 21 of the Himachal Pradesh Urban Rent Control Act before the Rent Controller-1, Nahan, for depositing the arrears of rent and reliance has been placed upon earlier agreement dated 18.03.2021 (Annexure P-1). The petitioner's response as such to the said application was that dispute inter-se the parties is to be adjudicated upon by the Arbitrator and the arbitration clause had already been invoked by the notice dated 17.05.2023 (Annexure P-5). The amount is stated to have been duly deposited with the Rent Controller. 7. Thus, it is apparent that there is a dispute inter-se the parties. The respondent as such does not deny the agreement, but only contests the manner in which it was got executed and which would lie within the ambit as such of the Arbitral Tribunal as to whether the same is binding and the agreement was entered into between the parties by any fraud. 8. In such circumstances, the present application is allowed and Mr. Anand Sharma, Senior Advocate of this 4 Court, is appointed as Arbitrator, to resolve the dispute between the parties, as there is not objection as such to his appointment. After his disclosure in writing is obtained in terms of Section 11(8) of the Act, and only after receipt thereof, his appointment shall, as an Arbitrator, come into force. 9. On his giving consent to arbitrate the dispute between the parties as an Arbitrator, Shri Anand Sharma, Senior Advocate of this Court, shall enter into reference, and shall pass an award, in accordance with law. 10. Copy of this order be forwarded to the learned Counsel for the parties as also 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. 11. The application is disposed of accordingly alongwith pending application(s), if any. (G.S. Sandhawalia) Chief Justice. May 09, 2025 (hemlata)