Extracted from the PDF above. The PDF is authoritative.
2026:HHC:26937 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Arb. Case No. 36 of 2025 Decided on : 03.07.2026 Divisional Manager, H.P. State Forest Development Corporation Ltd. …Petitioner Versus Sh. Daljeet Primta …Respondent Coram The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. Whether approved for reporting?1 For the petitioner : Ms. Kiran Dhiman, Advocate. For the respondent : Mr. Om Prakash Negi, Advocate. G.S. Sandhawalia, Chief Justice
(Oral
) The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) for appointment of an Arbitrator for adjudication of the matter based on agreement deed dated 05.07.2011 (Annexure P-1). 2. It is a matter of record as such, that the petitioner has filed a claim petition before the Arbitrator-cum-Director (South), HPSFDC, Van Nigam Bhawan, Kasumpti, Shimla and during the pendency of the said arbitration proceedings, directions were issued on 10.02.2023 (Annexure P-5) to appoint an independent Arbitrator, after seeking consensus of both the parties, apparently keeping in view the law laid down by the Apex 1Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:26937 Court in Perkins Eastman Architects DPC and another Vs. HSCC (India) Ltd., (2020) 20 SCC 760, on the issue of neutrality. 3. It is thus apparent that the parties had already resorted to the procedure of arbitration as prescribed. The said factum has not been denied by the counsel for the respondent and the averments made have also not been controverted. The dispute is regarding payment of Rs.12,53,910/- alongwith up-to- date interest. 4. Resultantly, the present petition is allowed and Mr. Nishant Khidtta, Advocate is appointed as 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. 5. On his giving consent to arbitrate the dispute between the parties as an Arbitrator, Mr. Nishant Khidtta, Arbitrator-cum-Advocate, shall enter into reference and pass an award in accordance with law. 6. Copy of this order be furnished to the learned counsel for the parties as also 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. 3 2026:HHC:26937
7. Mr.
Nishant Khidtta, Arbitrator-cum-Advocate, present in the Court, is requested to conclude the proceedings at the earliest keeping in view the delay which has already occurred. 8. Accordingly, the petition is disposed of, so also the pending applications, if any. (G.S. Sandhawalia) Chief Justice
July 03, 2026 (Shivank Thakur)