2025:HHC:4002 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Arbitration Case No:237 of 2023 Decided On : 28th February, 2025 __________________________________________________________ Municipal Corporation Shimla ...Petitioner Versus Tantia Sanjauli Parkling Limited ...Respondent Coram Hon’ble Mr. Justice Ranjan Sharma, Judge 1 Whether approved for reporting? For the petitioner : Mr. Mukul Sood, Advocate. For the respondent : Ms. Swati Verma, Advocate. Ranjan Sharma, Judge [Oral] OMP No.89 of 2025 Instant application has been filed for placing on record the documents i.e. Supplementary Cause- List. [Taken on Record]. Since the application is formal in nature and even learned counsel for non-applicant/respondent has no opposition, therefore, application is allowed and disposed of accordingly. OMP No.1047 of 2024 Instant application has been filed for recalling the orders dated 04.11.2024, whereby due 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes 2025:HHC:4002 - 2 - to non-filing of rejoinder, the petitioner [Municipal Corporation Shimla], was levied a cost of Rs.20,000/- [Rupees Twenty Thousand] to be remitted to the Himachal Pradesh High Court Bar Association, on the ground that the rejoinder was not filed despite various opportunities and even on listing of the matter on 04.11.2024, no prayer for further time for filing rejoinder was made before this Court. It is in this background that the costs were imposed by this Court. 2. In Paras 6 & 7 of the application, the petitioner has spelt out that the rejoinder could not be filed on 04.11.2024, due to the absence of Learned Counsel for Municipal Corporation, Shimla, for which a Leave Note was also recorded in the Cause-List and these facts could not be brought to the notice of this Court, when the orders dated 04.11.2024 were passed, imposing costs for not filing the rejoinder. Application is supported by an affidavit. 3. Upon listing of this application [OMP No.1047 of 2024] learned counsel for the 2025:HHC:4002 - 3 - respondent/non-applicant does not oppose the instant application. 4. Taking into account, the entirety of the facts and circumstances, the order, dated 04.11.2024 imposing costs on the petitioner-Municipal Corporation Shimla as in Para 3 of the aforesaid order is recalled. In aforesaid terms, the application is disposed of. Arbitration Case No.37 of 2023 Learned Counsel for the petitioner states that due to subsequent events, no further orders are required to be passed in the matter. 2. Facts represented by Learned Counsel for the petitioner are not disputed by Ms. Swati Verma, Learned Counsel for the Respondent also. 3. Accordingly, as jointly represented by Learned Counsel(s), instant petition has become infructuous due to subsequent events. Ordered accordingly. In aforesaid terms, the instant petition and 2025:HHC:4002 - 4 - all pending applications disposed of. (Ranjan Sharma) February 28, 2025 Judge (Shivender)