Extracted from the PDF above. The PDF is authoritative.
( 2026:HHC:19757 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
OMP No.379 of 2026 in A
r b. Case No.618 of 2024
OMP No.380 of 2026 in A
r b. Case No.619 of 2024
OMP No.381 of 2026 in A
r b. Case No.620 of 2024
Date of Decision:- 22.05.2026
M/s Techman Energy Limited ....Petitioner(s) Versus State of Himachal Pradesh and another ....Respondent(s) Coram The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Whether approved for reporting?1 For the Petitioner(s) : Mr Ajay Vaidya, Advocate. For the Respondent(s) : Mr. Navlesh Verma, Additional Advocate General, for respondent No.1-State. : Mr. Ashish Kaith, Advocate, for Mr. Ankit Kaloti, Advocate, for respondent No.2. G.S. Sandhawalia, Chief Justice
(Oral). The present applications have been filed under Sections 14, 15(2) read with Section 11(6) of the Arbitration & Conciliation Act, 1996 for termination/substitution of the Arbitrator who has refused to enter upon the reference on account of his professional commitments. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2
2. Counsel for the petitioner(s) has submitted that vide orders dated 13.09.2024, passed in the Arb.Case Nos.618, 619 and 620 of 2024, titled as M/s Techman Energy Ltd., Vs. State of H.P. & another, Mr. Justice Shiavax Jal Vazifdar, former Chief Justice of Punjab & Haryana High Court, had been requested to entered into arbitration for the three agreements in question. 3. Counsel for the petitioner(s) has pointed out that vide communication dated 30.04.2025 (Annexure P-3), the learned Arbitrator as such has informed that it is not possible for him to act as an Arbitrator, in view of his present commitments. 4. Keeping in view the above, this Court is of the considered opinion that substituted Arbitrator is required to be appointed by a common order in all the three cases. 5. Resultantly, the applications are allowed and Hon’ble Mr. Justice Tarlok Singh Chauhan, former Chief Justice of High Court of Jharkhand at Ranchi (Mobile No.8894370077) is appointed as an Arbitrator 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. 3
6. On his giving consent to arbitrate the dispute between the parties as an Arbitrator, Hon’ble Hon’ble Mr.
Justice Tarlok Singh Chauhan, former Chief Justice, shall enter into reference in all the three cases, and shall pass an award in accordance with law. 7. 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. 8. Accordingly, all the applications are disposed of. (G.S. Sandhawalia)
Chief Justice
22nd May, 2026
(Munish Thakur)