Hindustan Petroleum Corporation vs Shree Balaji Filling Station
2021 Latest Caselaw 3663 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Arbitration Case No.09 of 2021

.

alongwith Arbitration Case Nos.10,

11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 35 of 2021.

Decided on: 6th August, 2021

______________________________________________________

1. Arbitration Case No.09 of 2021

Hindustan Petroleum Corporation

Limited and others .....Petitioners r Versus

Shree Balaji Filling Station.

.....Respondent

2. Arbitration Case No.10 of 2021

Hindustan Petroleum Corporation

Limited and others .....Petitioners Versus

M/s Nirmal Pitamber HP Centre .....Respondent

3. Arbitration Case No.11 of 2021

Hindustan Petroleum Corporation Limited and others .....Petitioners Versus

M/s Jalpa Mata HP Centre .....Respondent

______________________________________________________ Whether reporters of Local Papers may be allowed to see the judgment?

4. Arbitration Case No.12 of 2021

Hindustan Petroleum Corporation

.

Limited and others

.....Petitioners Versus

M/s Sharma Oil Carrier .....Respondent

5. Arbitration Case No.13 of 2021

r to Hindustan Petroleum Corporation Limited and others

Versus .....Petitioners

M/s Mohan Singh & Sons .....Respondent

6. Arbitration Case No.14 of 2021

Hindustan Petroleum Corporation Limited and others

.....Petitioners

Versus

M/s Amit Oil Carrier

.....Respondent

7. Arbitration Case No.15 of 2021

Hindustan Petroleum Corporation Limited and others .....Petitioners Versus

M/s Hans Raj HP Centre .....Respondent

8. Arbitration Case No.16 of 2021

.

Hindustan Petroleum Corporation

Limited and others .....Petitioners Versus

M/s Paunta HP Centre .....Respondent

9. Arbitration Case No.17 of 2021

Hindustan Petroleum Corporation Limited and others r .....Petitioners

Versus

M/s Snowline Filling Station .....Respondent

10. Arbitration Case No.18 of 2021

Hindustan Petroleum Corporation

Limited and others .....Petitioners

Versus

M/s Puri HP Centre

.....Respondent

11. Arbitration Case No.19 of 2021

Hindustan Petroleum Corporation Limited and others .....Petitioners Versus

M/s Amar Service Station .....Respondent

12. Arbitration Case No.20 of 2021

.

Hindustan Petroleum Corporation

Limited and others .....Petitioners Versus

Harpreet Singh Sabharwal .....Respondent

13. Arbitration Case No.35 of 2021

Hindustan Petroleum Corporation Limited and others r .....Petitioners

Versus

M/s Shaheed Raj Kumar Filling Station .....Respondent

Coram Hon'ble Mr. Justice Ravi Malimath, Acting Chief Justice

Whether approved for reporting? ______________________________________________________

For the petitioners: Mr. Bipin C. Negi, Senior Advocate with Mr. Nitian Thakur, Advocate, in

all the petitions.

For the respondent(s): Mr. Suneet Goel, Advocate, for the respondent in Arbitration Case Nos.9, 10, 11, 12, 16, 19 and 20 of 2021. Mr. Rajiv Rai, Advocate, for the respondent in Arbitration Case Nos.13, 14, 15, 17, 18 and 35 of 2021.

(Through Video Conferencing)

Ravi Malimath, Acting Chief Justice (Oral)

These petitions are filed under Section 11 of the

.

Arbitration and Conciliation Act, 1996 (for short 'the Act'), seeking for

re-appointment of an Arbitrator.

2. It is the case of the petitioners that there was an

agreement between the petitioners and the respondents and

accordingly a contract was entered into between the parties. Certain

disputes have arisen thereon. Clause-18 of the agreement provides

for appointment of an Arbitrator.

3. It is submitted that by the order dated 01.10.2018, an

Arbitrator was appointed. Thereafter, by the order dated 31.12.2019

(Annexure P-1), the Arbitrator withdrew his consent to act as an

Arbitrator. Hence, the present petitions.

4. Since, the Arbitrator has withdrawn his consent, therefore,

a new Arbitrator requires to be appointed. Both the parties do not

dispute the same. Hence, I deem it just and appropriate to appoint

Shri Pawan Thakur, Advocate, Resident of Naish Villa, Jakhoo,

Shimla, HP-171001, as an Arbitrator, after his disclosure in writing is

obtained in terms of Section 11(8) of the Act; and only after receipt

thereof shall his appointment, as an Arbitrator, come into force.

5. On his giving consent to arbitrate the dispute between

the parties as an Arbitrator, Shri Pawan Thakur, Advocate, shall

enter into reference, and shall pass an award in accordance with

law. The learned Arbitrator shall fix his fees in consultation with both

.

the parties.

6. The arbitration petitions are disposed off accordingly.

( Ravi Malimath ) Acting Chief Justice August 06, 2021 (Bhardwaj/Himalvi)