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2026 DAILYLAW 31852 (PNJ)

SMT RATNA v. STATE OF HARYANA AND ANOTHER

CWP/21735/2026 · 2026-07-20

Subhas Mehla, Vikas Bahl

body2026

Judgment text

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CWP-21735-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH *** CWP-21735-2026 Date of decision : 20.07.2026 Ratna ... Petitioner Versus State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL HON’BLE MR. JUSTICE SUBHAS MEHLA Present: Mr.Akinchan Aggarwal, Advocate and Mr.Ajay Nain, Advocate, for the petitioner. Mr.Deepak Bhardwaj, Addl. A. G. Haryana. VIKAS BAHL, J.(ORAL) 1. In the present civil writ petition, following prayers have been made:- “A. Issue an appropriate writ, order or direction referring the petitioner’s dispute arising out of the impugned termination letter dated 29.10.2025 (Annexure P-3) to the sole Arbitrator, Sh. T.P.S. Phoolka, IAS (Retd.), appointed by this Hon’ble Court vide order dated 25.05.2026 in CWP-38237-2025 and connected matters (Annexure P-6), and permit the petitioner, being similarly situated, to be impleaded in and to participate in the arbitral proceedings commencing on 22.07.2026; AND/OR DAVINDER KUMAR 2026.07.21 09:37 I attest the accuracy and authenticity of this order / judgment CWP-21735-2026 2 B. Issue a writ in the nature of Certiorari quashing the impugned termination letter dated 29.10.2025 (Annexure P-3) issued by the Chief Executive Officer, Milk Union, Ambala; AND/OR C. Stay the operation and implementation of the impugned termination letter dated 29.10.2025 (Annexure P-3), and restrain the respondents from dispossessing the petitioner from the Vita Milk Booth, during the pendency of the present writ petition; AND/OR D. Pass any other order, writ or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case, in the interest of justice; AND/OR E. exemption from filing certified/true typed copies of the annexures may kindly be granted by permitting the petitioner to place on record the photocopies of the annexures.” 2. Learned counsel for the petitioner has submitted that in a bunch of similar matters, the Co-ordinate Division Bench of this Court vide order dated 25.05.2026 passed in CWP-38237-2025 titled as “Tamanna and another vs. State of Haryana and others” and other connected matters, had disposed of the case after taking into consideration the arbitration clause in the following terms:- “6. Clause 30 of the policy, Annexure R1, reads as under:- “The dispute, if any, shall be referred to by either party to the Chief Administrative Officer of the Federation as Sole Arbitrator and the decision of the Arbitrator shall be final and binding on both parties. DAVINDER KUMAR 2026.07.21 09:37 I attest the accuracy and authenticity of this order / judgment CWP-21735-2026 3 xxx xxx xxx 9. Accordingly, petition is allowed. Shri T.P.S. Phoolka, IAS (Retd.) House No.105, IAS-PCS Officers Society, New Chandigarh, Punjab, (Mob.9872511105), is appointed as the sole Arbitrator to adjudicate the dispute between the parties, subject to declaration to be made by him under Section 12 of the Arbitration and Conciliation Act, 1996 (for short, ‘Arbitration Act’), with regard to his independence and impartiality to adjudicate the dispute. 10. Parties are directed to appear before the Arbitrator on 22.07.2026, at 10:00 A.M., at the address mentioned above or at any other place, time or day fixed by the learned Arbitrator. 11. Fee shall be paid to the Arbitrator in accordance with the Fourth Schedule of the Arbitration Act, as amended. 12. Learned Arbitrator is requested to complete the proceedings as per time limit specified under Section 29-A of the Arbitration Act. 13. Parties will be at liberty to raise all the claims, counter claims, defences, pleas etc. before the Arbitrator. 14. Needless to mention that all the questions arising between them in this matter will remain open for determination in the arbitral proceedings and any observation made hereinabove will not be binding on the learned Arbitrator. 15. A copy of this order be sent to the nominated Arbitrator. 25.05.2026.” 3. Learned counsel for the petitioner has submitted that the case of the petitioner is squarely covered by the said directions and the present petition be disposed of in the said terms. 4. Learned State counsel could not dispute the fact that the present case is squarely covered by the directions issued by the Co-ordinate Division Bench of this Court vide order dated 25.05.2026 in CWP-38237- 2025. DAVINDER KUMAR 2026.07.21 09:37 I attest the accuracy and authenticity of this order / judgment CWP-21735-2026 4 5. Accordingly, the present writ petition is disposed of in the same terms as CWP-38237-2025 and Sh.T.P.S. Phoolka, IAS (Retd.) House No.105, IAS-PCS Officers Society, New Chandigarh, Punjab, (Mob.9872511105), is appointed as Sole Arbitrator to adjudicate the dispute between the parties subject to the same declaration and conditions as contained in the abovesaid order. (VIKAS BAHL) JUDGE (SUBHAS MEHLA) JUDGE July 20, 2026. Davinder Kumar Whether speaking / reasoned Yes/No Whether reportable Yes/No DAVINDER KUMAR 2026.07.21 09:37 I attest the accuracy and authenticity of this order / judgment