Partly allowed

Hindustan Petroleum Corporation Ltd. and Ors. v. M/S Jalpa Mata H P Centre

Himachal Pradesh HC6 Aug 2021ARB.C/11/2021

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh, in multiple arbitration cases, ordered the re-appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, after the erstwhile arbitrator withdrew consent. The court appointed Shri Pawan Thakur as the new arbitrator subject to disclosure requirements.

What did the court decide?

Appointment of Shri Pawan Thakur, Advocate, as the arbitrator pending his disclosure in writing.

Hindustan Petroleum Corporation Ltd. and Ors. Vs M/S… — Arbitration | Himachal Pradesh HC (2021)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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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: 6^th August, 2021

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____________________________________ 1.Arbitration Case No.09 of 2021	__________________
Hindustan Petroleum Corporation Limited and others Versus	…..Petitioners
Shree Balaji Filling Station.	…..Respondent
2.Arbitration Case No.10 of 2021
Hindustan Petroleum Corporation Limited and others Versus	…..Petitioners
M/s Nirmal Pitamber HP Centre	…..Respondent
3.Arbitration Case No.11 of 2021
Hindustan Petroleum Corporation Limited and others Versus	…..Petitioners
M/s Jalpa Mata HP Centre	…..Respondent

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

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2 4.Arbitration Case No.12 of 2021
Hindustan Petroleum Corporation Limited and others Versus	…..Petitioners
M/s Sharma Oil Carrier	…..Respondent
5.Arbitration Case No.13 of 2021
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 Versus	…..Petitioners
M/s Amit Oil Carrier	…..Respondent
7.Arbitration Case No.15 of 2021
Hindustan Petroleum Corporation Limited and others Versus	…..Petitioners
M/s Hans Raj HP Centre	…..Respondent

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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 Versus	…..Petitioners
M/s Snowline Filling Station	…..Respondent
10.Arbitration Case No.18 of 2021
Hindustan Petroleum Corporation Limited and others Versus	…..Petitioners
M/s Puri HP Centre	…..Respondent
11.Arbitration Case No.19 of 2021
Hindustan Petroleum Corporation Limited and others Versus	…..Petitioners
M/s Amar Service Station	…..Respondent

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Arbitration Case No.20 of 2021 Hindustan Petroleum Corporation Limited and others …..Petitioners Versus

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Harpreet Singh Sabharwal

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…..Respondent

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Arbitration Case No.35 of 2021 Hindustan Petroleum Corporation Limited and others

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…..Petitioners Versus

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M/s Shaheed Raj Kumar Filling Station

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…..Respondent

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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)

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Ravi Malimath, Acting Chief Justice (Oral)

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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.

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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.

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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.

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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.

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On his giving consent to arbitrate the dispute between

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

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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.

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The arbitration petitions are disposed off accordingly.

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( Ravi Malimath ) Acting Chief Justice

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August 06, 2021 (Bhardwaj/Himalvi)

Hindustan Petroleum Corporation Ltd. and Ors. v. M/S Jalpa Mata H P Centre

Case brief

What is this about?

What did the court decide?

Hindustan Petroleum Corporation Ltd. and Ors. v. M/S Jalpa Mata H P Centre

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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