The Executive Engineer vs H.S. Engineering And Associates
2023 Latest Caselaw 17526 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                   Arb. Case No. : 872 of 2023




                                                                                .

                                                   Decided on            :    04.11.2023


    The Executive Engineer, Swan River Flood                                 ...Petitioner





    Management Project Division, Haroli

                                              Versus





    H.S. Engineering and Associates                                          ...Respondents
    and others


    Coram


    The Hon'ble Mr. Justice Virender Singh, Judge.
    Whether approved for reporting?1


    For the petitioner               : Mr. Suneet Goel, Advocate.

    For the respondent : Mr.   B.N.   Sharma,                                   Additional




                         Advocate    General,                                   for    the
                         respondents-State.





    Virender Singh, Judge. (Oral)

By way of the present application, filed under

Section 27 of the Arbitration and Conciliation Act, 1996

(hereinafter referred to as 'the Act'), a prayer has been

made for issuing process to the witnesses to attend the

Arbitral Tribunal on 25th and 26th November, 2023, for

getting their statements recorded in the Arbitration Case,

Whether Reporters of local papers may be allowed to see the judgment? Yes.

pending adjudication before the learned Arbitrator inter se

the parties, as captioned hereinabove.

.

2. The averments contained in the application,

which is duly supported by an affidavit, suggest that the

persons named in para 4 of the application, are required to

give their evidence in the Arbitration Case, pending before

the learned Arbitrator and as such, the prayer made in the

instant application, deserves to be allowed.

3. Consequently, in view of the above, the present

application is allowed and the Registry is directed to issue

process to the persons, named in para 4 of the application,

asking them to appear before the learned Arbitrator on 25 th

and 26th November, 2023, at 11.00 a.m., at Hotel PMR,

Una, H.P., to depose in the case captioned hereinabove.

Dasti summons be issued, if so desired.

4. The application stands disposed of accordingly.

( Virender Singh ) Judge November 04, 2023 ( rajni )