IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA OMP(M) No. 332 of 2025 Date of decision: 07.10.2025. Satish Negi (deceased) through LRs ...Petitioners. Versus State of H.P. ...Respondent. Coram: The Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?1 For the petitioners : Mr. Y.K. Thakur, Advocate. For the respondent : Mr. Gautam Sood, DAG. Satyen Vaidya, Judge (Oral) By way of this petition, award dated 16.3.2024, passed by the sole Arbitrator in Arbitration Case No. 11 of 2010 has been challenged. 2. At the outset learned counsel for the petitioners has contended that the award is a nullity, having been passed against a dead person. A submission has been made that the arbitration was between Sh. Satish Negi and State of H.P. During the pendency of the arbitration proceedings, Sh. Satish Negi had died on 28.10.2023. Learned counsel for the petitioners would further submit that the fact of death of Sh. 1 Whether reporters of Local Papers may be allowed to see the judgment? -2- Satish Negi was duly brought to the notice of the learned Arbitrator but the legal representatives of deceased Satish Negi were not brought on record and the award was passed in their absence. 3. The original record of the Arbitrator has been requisitioned. From the perusal of the record of the Arbitrator, the contention raised on behalf of the petitioners herein is substantiated. At page 336 of the record of Arbitrator, an order sheet dated 30.10.2023 can be found, which records the submission of learned counsel for the respondent to the effect that the respondent Sh. Satish Negi had died. Thereafter, the learned Arbitrator proceeded to pass an order for presence of the legal representatives of deceased respondent Sh. Satish Negi. 4. Record further reveals that even after passing of the aforesaid order, the communication was addressed in the name of deceased respondent Sh. Satish Negi. 5. Be that as it may, the fact remains that the legal representatives of deceased Satish Negi were not brought on record and they did not get any opportunity to further contest the claim before the learned Arbitrator. Thus, the award passed against a dead person by the learned Arbitrator cannot be sustained in law being a nullity. -3- 6. Accordingly, the impugned award dated 16.3.2024, passed by the sole Arbitrator in Arbitration Case No. 11 of 2010 is set aside with direction to the Arbitrator to decide the matter afresh strictly in accordance with law. (Satyen Vaidya) 7th October, 2025 Judge (kck)