2026:UHC:915 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA 13TH FEBRUARY, 2026 ARBITRATION APPLICATION No. 31 OF 2025 Unitech Power Transmission Ltd. …Applicant Versus Managing Director, Power Transmission Corporation of Uttarakhand Limited and others. …Respondents Counsel for the applicant. : Mr. Arvind Kumar Sharma, learned counsel. Counsel for the respondents. : Ms. Priyanka Agarwal, learned counsel. ORDER : (per Sri Manoj Kumar Gupta, C.J.) 1. Heard Mr. Arvind Kumar Sharma, learned counsel on behalf of the applicant and Ms. Priyanka Agarwal, learned counsel on behalf of the respondents. 2. The present Arbitration Application has been filed under Section 11(5)(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator. 3. Learned counsel for the respondents submitted that the application is premature, inasmuch as, the applicant has not availed the alternate mechanism of dispute resolution provided under Clause 45.1 of the agreement, nor has given any notice invoking the arbitration clause, before approaching this Court. 1 2026:UHC:915 4. On the said objection, learned counsel for the applicant prays for withdrawal of the application, with liberty to the applicant to proceed in terms of the agreement, particularly Clause 45.1. 5. Accordingly, the application stands disposed of, as withdrawn, with liberty as prayed for. 6. All pending applications stand disposed of accordingly. ______________________ MANOJ KUMAR GUPTA, C.J. Dt: 13th February, 2026 Rahul 2 RAHUL PRAJAPA TI Digitally signed by RAHUL PRAJAPATI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=aa4fa3bee6691397758b14516ed3e66 e61bf4c848741983ed8c39e4145cf1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8A19 2FCAD15C390A1AAD7B39857D2540AE4C28A4 898, cn=RAHUL PRAJAPATI Date: 2026.02.13 15:42:36 +05'30'