1 2026:HHC:17422 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Arb. Case No.72 of 2025. Date of decision: 15.05.2026 ______________________________________________________ Y77 & Associates …..Applicant Versus Sarika Kapoor …Respondent ______________________________________________________ Coram: The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. Whether approved for reporting? ______________________________________________________ For the Applicant: Mr. Vivek Negi, Advocate. For the Respondent: Mr. Udit Shaurya Kaushik, Advocate. G.S. Sandhawalia , Chief Justice ( O ral) Appointment of an Arbitrator is sought under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’). 2. The necessary legal notice dated 18.10.2024 (Annexure P-4) was sent which arose out of the lease for construction of a hotel under the name and style of “The Voyage”, for a period of nine years. 2 3. Vide Notice dated 18.10.2024, a proposal was given as such by the petitioner to appoint Shri Rajesh Mandhotra, Advocate,practicing in this Court, as an Arbitrator, as the claim was for refund of Rs. 35,00,000/-. 4. No response to the notice has been filed. 5. Reply to the application has been filed, wherein it has been averred that there were milestone of payments to be made by the petitioner to the respondents, and thus, the petitioner himself had violated the terms of the Lease Agreement dated 04.05.2023. 6. As per Clause 15 of the Lease Agreement, there is an Arbitration Clause and in such circumstances, this Court is of the considered opinion that the matter has to be resolved by way of Arbitration. 7. Since the respondents have not consented to the name of the Advocate given in the notice, who was proposed to be appointed as an Arbitrator, the 3 present application is allowed and Shri Satyen Vaidya, Judge of this Court (Retd.) is appointed as Arbitrator, to resolve the dispute between the parties. After his disclosure in writing is obtained in terms of Section 11(8) of the Act, and only after receipt thereof, his appointment as an Arbitrator, shall come into force. 8. On his giving consent to arbitrate the dispute between the parties as an Arbitrator, Shri Satyen Vaidya, Judge of this Court (Retd.), Mobile No. 98160-08393, shall enter into reference, and shall pass an award, in accordance with law. 9. Copy of this order be forwarded to the learned Counsel for the parties as also 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. 4 10. The application is disposed of accordingly alongwith pending application(s), if any. (G.S. Sandhawalia) Chief Justice. May 15, 2026 (hemlata)