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2026 DAILYLAW 16188 (HP)

HPPCL v. M/S HINDUSTAN CONSTRUCTION COMPANY LTD

CARBC/105/2025 · 2026-07-20

Ajay Mohan Goel

body2026

Judgment text

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( 2026:HHC:29627 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CARBC No. 105 of 2025 and CARAP No. 74 of 2026. Decided on : 20 th July , 2026. Himachal Pradesh Power Corporation Ltd. ...Petitioner. Versus M/s Hindustan Construction Company Ltd. ....Respondent. Coram: The Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Ajay Kumar, Senior Advocate with Mr. Chander Mohan Sharma, Advocate. For the respondents: Mr. Pawan Upadhyay, Advocate (through V.C.) with Mr. Abhishek Sharma, Advocate, for the respondent. Ajay Mohan Goel, Judge (Oral). CARBC No. 105 of 2025 and CARAP No. 74 of 2026 By way of application bearing CARAP No. 74 of 2026, a prayer has been made that during the pendency of the present proceedings the petitioner/applicant company floated a 'Vivad se Vishwas' Scheme-II to settle the pending cases by mutual settlement out of the Court. It is further mentioned in the application that the Board of Directors of the petitioner/applicant company in its 1 Whether reporters of the local papers may be allowed to see the judgment? 2 ( 2026:HHC:29627 ) meeting held on 15th May 2026 has settled the matter in dispute in respect of Sawra Kuddu HEP ( 111 MW ) for Rs.70,25,01,651/-. 2. Learned Senior Counsel for the petitioner and learned counsel appearing for the respondent submit that in light of the contents of the application, the present arbitration case be allowed to be withdrawn and the amount deposited with this Court be allowed to be refunded to the petitioner/applicant along with interest accrued thereupon, so that thereafter the amount as is now payable to the respondent in terms of the compromise/settlement can be released in favour of the respondent by the petitioner directly. 3. In light of the submissions made by learned Senior Counsel for the petitioner as well as learned counsel for the respondent, the application bearing CARAP No. 74 of 2026 is allowed, as prayed for and the main arbitration petition is disposed f as withdrawn in light of the settlement arrived at between the parties. 4. Registry is directed to refund the amount deposited by the petitioner company with up-to-date interest to the 3 ( 2026:HHC:29627 ) petitioner/applicant by remitting the same in the account of the petitioner company, details whereof are given in the application, so that thereafter the amount can be paid directly by the petitioner company to the respondent in terms of the settlement arrived at between them. 5. Pending applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge 20th July, 2026. (jai)