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MAN SINGH v. STATE OF HP AND ANR

Court: High Court of Himachal Pradesh

Bench: HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN, ACTING CHIEF JUSTICE

Judgment date:

Case summary

High Court of Himachal Pradesh judgment dated 2024-12-20. MAN SINGH v. STATE OF HP AND ANR. Read the judgment and case details on LawSphereX.

Judgment text

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Arb. Case No. 861 of 2023 Decided on: 20. 12. 2024 Man Singh ....... Petitioner Versus State of Himachal Pradesh & Anr. ... Respondents Coram Hon’ble Mr. Justice Tarlok Singh Chauhan, Acting Chief Justice. 1 Whether approved for reporting? For the petitioner: Ms. Ritu Sharma, Advocate. For the respondents: Mr. Rakesh Dhaulta, Additional Advocate General and Ms. Priyanka Chauhan, Deputy Advocate General. Tarlok Singh Chauhan, Acting Chief Justice (Oral) This application has been filed by the applicant under Section 11(6) of the Arbitration and Conciliation Act, 1996 (in short the ‘Act’), for appointment of an Arbitrator to settle the dispute between the parties, arising out of the Agreement (Annexure P-2). 2. Clause 25 of the said Agreement (Annexure P-2) contains Arbitration Clause for disposal of dispute between the parties. The applicant sent a notice/request dated 20. 06.

2023 (Annexure P-3), requesting the respondents for appointment of an Arbitrator, but the respondents have not taken any action. 1 Whether the reporters of Local Papers may be allowed to see the judgment? 3. Since the applicant has filed an application seeking appointment of an Arbitrator, therefore, having regard to the facts and circumstances of the case, the application is allowed and Mr. S. K. Chaudhary, District & Sessions Judge (Retd. ), House No. 98-99, Mission Compound, Palampur, District Kangra, H. P. , Pin Code:176061, is appointed as an Arbitrator to adjudicate 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. 4. On his giving consent to arbitrate the dispute between the parties as an Arbitrator, Mr. S. K. Chaudhary, District & Sessions Judge (Retd.

), shall enter into reference, and shall pass an award in accordance with law. 5. Copy of this order be furnished to the learned counsel for the parties and also furnished to the learned Arbitrator. The learned Arbitrator so appointed shall be entitled to fee as per th stipulation contained in 4 Schedule appended to the Act. 6. The application is disposed of accordingly, so also pending application(s), if any. December 20, 2024 (Tarlok Singh Chauhan) (Yashwant) Acting Chief Justice

Source: High Court of Himachal Pradesh. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.