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2026 DAILYLAW 22875 (HP)

CHINNADURAI RAMAMURTHY v. M/S VEE LABORATORIES AND OTHERS

ARB.C/163/2025 · 2026-09-11

Gurmeet Singh Sandhawalia

body2026

Judgment text

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2026:HHC:38927 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Arbitration Case No. 163 of 2025 Date of decision: 11.09.2026 Chinnadurai Ramamurthy …Petitioner Versus M/s Vee Laboratories & Ors. …Respondents Coram The Hon’ble Mr. Justice G. S. Sandhawalia, Chief Justice. Whether approved for reporting? For the Petitioner : Mr. Virbahadur Verma, Advocate. For the Respondents:Mr. C. S. Thakur, 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, which arises out of Clause 19 of the Partnership Deed, which provides that in case of some dispute or difference of opinion between the partners, the same shall be referred to the Arbitrator, for settlement. 2. The memorandum as such of understanding inter se the parties has been appended as Annexure P-2 and as per notice dated 26.03.2025 (Annexure P-9), two persons were named as to be appointed as Arbitrators to determine the dispute arose between the parties. 3. In the reply filed by the respondents, there is no denial that there is no arbitration clause as per the partnership deed and the blame game has been put on the petitioner that 2 2026:HHC:38927 the failure was on the part of the petitioner, who did not cooperate and failed to discharge its partner responsibility. 4. In such circumstances, this Court is of the considered opinion that since the parties have agreed for resolving the dispute by way of appointment of an arbitrator, resultantly, the present petition is allowed and Ms. Sabina, J. (Retd.), former Judge of this Court, Mob. No. 97800-08138, is appointed as Arbitrator to adjudicate the dispute between the parties, after her disclosure in writing is obtained in terms of Section 11(8) of the Act and only after receipt thereof, of her appointment, as an Arbitrator, shall come into force. 5. On her giving consent to arbitrate the dispute between the parties as an Arbitrator, Ms. Sabina, J. (Retd.), former Judge of this Court, Mob. No. 97800-08138,, 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 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. 7. Accordingly, the petition is disposed of, so also pending applications, if any. (G. S. Sandhawalia) Chief Justice 11th September, 2026(sanjeev)