( 2026:HHC:30611 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arb. Case No.99 of 2026 Date of Decision:- 24.07.2026 M/s Himya Resorts Private Limited ....Petitioner Versus Ms. DLS Hotels Private Limited and ....Respondents Others Coram The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Whether approved for reporting?1 For the Petitioner : Mr. Balwant Kukreja, Advocate. For the Respondents : Ms. Suhani Gautam, Advocate. G.S. Sandhawalia, Chief Justice (Oral). The present petition has been filed under Section 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) for appointment of Arbitrators to resolve disputes arising from the Lease Agreement dated 26.11.2022 (Annexure P-2). 2. The said Lease Agreement dated 26.11.2022 (Annexure P-2) contends that the arbitration clause provides that the Arbitration Tribunal shall consist of three Arbitrators: one to 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 be nominated by each party, and the two nominated Arbitrators shall appoint a Head Arbitrator. 3. However, it should be noted that on the last date of hearing, counsel for the respondents had submitted that she had instructions that the respondents have no objection to the appointment of an arbitrator. Now, counsel for the parties are agreed that the matter could be resolved by a sole arbitrator to save costs inter se the parties. 4. The notice regarding appointment of an arbitrator was issued on 12.09.2025 (Annexure P-4), demanding an amount of Rs.1,96,23,399/-. Additionally, a claim was made for damages and the replacement cost of articles, which was assessed at Rs. 40,04,286/- as per the prior notice dated 27.08.2024. 5. Keeping in view the above, since the parties have consented to resolve the dispute through arbitration as per the agreement dated 26.11.2022 (Annexure P-2), the application is 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 3 receipt thereof, his appointment, as an Arbitrator, shall come into force. 7. On his giving consent to arbitrate the dispute between the parties as an Arbitrator, Hon’ble Mr. Justice Tarlok Singh Chauhan, former Chief Justice, shall enter into reference, and shall pass an award in accordance with law. 8. 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. 9. Accordingly, the application is disposed of alongwith pending miscellaneous application(s), if any. (G.S. Sandhawalia) 24th July, 2026 Chief Justice (Munish Thakur)