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2023 Supreme(HP) 323

JYOTSNA REWAL DUA
Sterkem Pharma Private Limited – Appellant
Versus
Symbiosis Pharmaceuticals Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Suneet Goel, Sunil Mohan Goel, Raman Jamalta.
For the Respondents: Y.P.S. Dhaulta, Rupinder Singh Thakur, Seema Sharma.

JUDGMENT :

JYOTSNA REWAL DUA, J.

1. Taking into consideration the controversy involved in the matter, the relief prayed for by the petitioner and the submissions made by learned counsel, notice of this petition is not required to be served upon respondents No. 1 and 2 as their interests are not affected in any manner.

2. The matter pertains to the procedure adopted by respondent No. 3 the Himachal Pradesh Micro Small Enterprises Facilitation Council (in short ‘MSME Council’) for supplying the arbitration award to the parties.

In the instant case, there is no challenge to any order passed by the learned Arbitrator. The arbitration proceedings are not under challenge. Prayer has been made only for supplying the signed copy of the arbitral award. In view of the nature of controversy raised in the petition, the facts pleaded by the petitioner and admission thereof by the MSME Council and also taking into consideration the general practice being adopted by the MSME Council, which is invariably resulting in non-supply of signed copies of the arbitral awards to the parties, this petition has been entertained for that limited purpose.

3. Genesis of problem leading to institution of instant peti

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