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High Court of Himachal Pradesh · body

2025 DAILYLAW 34796 (HP)

DIVISIONLA MANAGER HPSFDC LIMITED v. MANDEEP MEHTA

ARB.C/350/2025 · 2025-12-12

Gurmeet Singh Sandhawalia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:HHC:43736 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Arb.Case No. 350 of 2025 Date of decision: 12.12.2025 __________________________________________________________ Divisional Manager. HP State Forest Development Corporation Ltd. …Petitioner Versus Mandeep Mehta …Respondent ____________________________________________________________ Coram: The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Whether approved for reporting?1 ____________________________________________________________ For the petitioner : Ms. Kiran Dhiman, Advocate. G.S. S a ndhawalia, Chief Justice (Oral) In the present petition, appointment of an Arbitrator under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) has been sought, but no notice as such was sent to the respondent. 2. Reference has only been made to the intra- departmental communication dated 22.10.2020 (Annexure P-3) that there should be appointment of an Arbitrator. 3. In these circumstances, this Court is of the considered opinion that the present petition is not maintainable keeping in view the provisions of Sections 5 & 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2 6 of the Act, which provide that if the parties fail to agree to arbitration within 30 days on receipt of the request on behalf of a party, the right would accrue as such. 4. In the absence of the notice having been issued, the learned Counsel for the petitioner is not in a position to press the present petition. Accordingly, she prays for withdrawal of the same with liberty to file a fresh application after serving notice upon the respondent, in accordance with law. Accordingly, the petition is dismissed as not pressed, with liberty as prayed for. 5. Pending application(s), if any, also stands disposed of. (G.S. Sandhawalia) Chief Justice December 12, 2025 (hemlata)