2026:UHC:3556 I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL HON’BLE THE CHI EF JUSTI CE MR. MANOJ KUMAR GUPTA ARBI TRATI ON APPLI CATI ON NO. 3 4 OF 2 0 2 5 0 8 t h MAY, 2 0 2 6 M/ s S. Kumar & Company & another ……applicants/ Petitioners Versus State of Uttarakhand & others …… Respondents Counsel for the applicants : Mr. Nagesh Aggarwal, learned counsel Counsel for the respondents : Mr. J.C. Pande, learned Standing Counsel for the State Th e Cou r t m ade t h e follow in g: JUDGMENT: 1) The present application has been filed for appointment of an Arbitrator to decide the disputes and differences between the parties. 2) Under the agreement, the Commissioner, Garhwal Mandal, Pauri is to act as sole Arbitrator. It seems that when the claim was filed before him, he by communication dated 23.07.2024, addressed to Secretary, Urban Development Vibhag, Uttarakhand Administration, Dehradun conveyed to him the fact that he was Mela Adhikari during the relevant period and, therefore, someone else should be appointed as an 1 2026:UHC:3556 Arbitrator or the other alternative is that the parties may get an Arbitrator appointed by the High Court. Since no action was taken on basis of the said communication by the State Government, therefore, the present application came to be filed. 3) Learned State Counsel very fairly states that he has no objection in case the Government is directed to appoint an Arbitrator in pursuance of the letter of the Commissioner, Garhwal Mandal, Pauri dated 23.07.2024. 4) Learned counsel for the applicants is also agreeable to the same. Accordingly, the application under Section 11(6) of the Arbitration and Conciliation Act, 1996 is disposed of directing the State Government to appoint an Arbitrator other than Mr. Vinay Shankar Pandey, who was Mela Adhikari during the relevant period. The appointment of Arbitrator by the State Government shall be made within four weeks from the date of communication of the instant order. 5) Pending application(s), if any, also stands disposed of. _______________________ MANOJ KUMAR GUPTA, C.J. Dt: 08TH MAY, 2026 Negi 2 HIMANS HU NEGI Digitally signed by HIMANSHU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13 aaf116e73351fdaf6878326386908a7f90 d5757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990F C51A722A6BC552D470EB4FD2F88DDF7 C18DB2A1524A4D, cn=HIMANSHU NEGI Date: 2026.05.13 12:40:14 +05'30'