( 2025:HHC:44015 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arb. Case No.47 of 2025 a/w Arb. Case Nos.48 & 50 of 2025 Date of Decision:- 12.12.2025 Sandeep Verma ....Petitioner Versus HPSFDC Ltd. & another ....Respondents Coram The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Whether approved for reporting?1 For the Petitioner : Mr. Rajender Singh, Advocate, in all the petitions. For the Respondents : Ms. Kiran Dhiman, Advocate, in all the petitions. G.S. Sandhawalia, Chief Justice (Oral). The present petitions have been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator. 2. The requisite notice dated 29.07.2024 (Annexure P- 3) initiating the proceedings as such for appointment and proposing the name of the two Arbitrators as such was sent to the respondents-Corporation, while placing reliance upon Clause 36 of the Agreement Deed. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 3. In the notice, it has been mentioned that a sum of Rs.3,42,540/- in Arb. Case No.47 of 2025 has been recovered from the petitioner as such and since there was no response from the petitioner, the present petition came to be filed. 4. In the reply filed by the respondents, it has been mentioned that the recovery has been done in accordance with Clause No.24 of the Agreement Deed duly signed by the parties. There was no denial regarding the Arbitration Clause as such by the respondents. 5. Since, the petitioner and the respondents are common and reference has been made from the facts of Arb. Case No.47 of 2025, whereby the notices served in Arb. Case No.48 of 2025 were for a sum of Rs.2,32,320/- and whereas in Arb. Case No.50 of 2025 for a sum of Rs.1,90,140/- which are being claimed. Accordingly, a common arbitrator is appointed for deciding all the three cases. 6. In such circumstances, this Court is of the considered opinion, keeping in view the fact that the parties have agreed to resolve the dispute by way of an independent Arbitrator, therefore, the matter is liable to be as such settled by way of the forum of arbitration which the parties had agreed to resolve. 3 7. Resultantly, the application in all the three cases are allowed and Mr. B.M. Chauhan, Senior Advocate of this Court is appointed as an Arbitrator (Mobile No.9816024600) 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. 8. On his giving consent to arbitrate the dispute between the parties as an Arbitrator, Mr. B.M. Chauhan, Senior Advocate shall enter into reference, and shall pass an award in accordance with law. 9. 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. 10. Accordingly, the application is disposed of alongwith pending miscellaneous application(s), if any. Copy of this order be kept in the other cases also. (G.S. Sandhawalia) 12th December, 2025 Chief Justice (Munish Thakur)