Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arbitration Case No.660 of 2024
Date of decision: 22.07.2025 State of Himachal Pradesh & Anr.
...Petitioners.
Versus Mohan Singh.
...Respondent. Coram: Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1 For the petitioners : Mr. Y.P.S. Dhaulta, Additional Advocate General.
: Mr. Arvind Sharma, Executive Engineer, HPPWD (B&R), Division Theog, District Shimla.
For the respondent : Mr. Hem Chand Sharma, Advocate.
Jyotsna Rewal Dua, Judge
Learned Additional Advocate General has placed on record office instructions dated 21.07.2025 from the Executive Engineer, HPPWD Division, Theog, District Shimla, which state that the respondent has filed objections under Section 34 of the Arbitration and Conciliation Act, 1996 (‘the Act’) before the learned District Court, Shimla, registered as Arbitration Case No.12/2023.
2.
Learned Additional Advocate General, on the basis of instructions imparted by Mr. Arvind Sharma,
1 Whether reporters of Local Papers may be allowed to see the judgment? Yes
Executive Engineer, HPPWD (B&R), Division Theog, District Shimla, submits that the present arbitration case under Section 34 of the Act, in view of the amount involved and the pecuniary jurisdiction, cannot be adjudicated in this Court and is required to be instituted before the learned District Judge, Shimla.
3.
At this stage, learned Additional Advocate General seeks permission to withdraw the present arbitration case with liberty to file objections under Section 34 of the Act against the arbitral award dated 04.10.2022 before the Competent Authority. Prayer is also made for excluding the period spent in pursuing the present proceedings. There is no objection to the prayer from the respondent.
4.
Prayer is accepted. Accordingly, the present arbitration case is disposed of as withdrawn, with liberty as prayed for. It is made clear that the period spent in pursuing the present arbitration case shall not be computed towards limitation. Pending miscellaneous application(s), if any, shall also stand disposed of.
Jyotsna Rewal Dua 22nd July, 2025
Judge (Pardeep)