NESTOR PHARMACEUTICALS LTD v. HP MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL AND OTHERS
CWP/17921/2025 · 2025-12-04
Sandeep Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38013 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38013 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.17921 of 2025
Date of Decision: 4.12.2025 _____________________________________________________________________ Nestor Pharmaceuticals Ltd. ……...Petitioner Versus HP Micro and Small Enterprises Facilitation Council and Ors..
…....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Deven Khanna, Advocate.
For the respondents: Nemo. ___________________________________________________________________________
Sandeep Sharma, J. (Oral)
Being aggrieved with passing of award dated 15.5.2025 (Annexure P-13) by the Sole Arbitrator appointed by the Micro and Small Enterprises Facilitation Council, petitioner has approached this Court in the instant proceedings under Article 227 of the Constitution of India.
2.
Primarily, challenge to the afore award has been laid on the ground that though petitioner leveled bias and malafides against the Arbitrator, but yet he ignoring the aforesaid submission made by the petitioner, proceeded to pass impugned award. Besides above, an attempt has also been made to raise ground with regard to violation of principle of natural justice as allegedly chance of cross-examination was not given by the learned arbitrator.
3.
Since award already stands passed and appropriate remedy to lay challenge to the same is petition under Section 34 of the
- 2 - Arbitration and Conciliation Act, present petition is not maintainable, especially when it is not in dispute that petitioner has already filed petition under Section 34 of the Act in the competent court of law.
4.
In view of the above, present petition is dismissed reserving liberty to the petitioner to raise all the grounds, as have been sought to be raised in the instant petition, before the competent court of law where petition under section 34 of the Act is pending consideration.
December 4, 2025
(Sandeep Sharma), (manjit)
Judge