HIGH COURT OF HIMACHAL PRADESH
MR. JUSTICE SANDEEP SHARMA, J
M/S R.B. ENTERPRISES – Appellant
Versus
THE MANAGING DIRECTOR H.P. STATE CIVIL SUPPLIES CORPORATION LTD. – Respondent
| Table of Content |
|---|
| 1. background of arbitration cases and agreements (Para 1 , 2 , 3) |
| 2. arguments regarding the eligibility of the arbitrator (Para 4 , 5) |
| 3. court's analysis on the arbitrator's eligibility and procedural requirements (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. clarification on the consequences of arbitrator's ineligibility (Para 17 , 18 , 19 , 20 , 21) |
| 5. court's final decision and order on the awards (Para 22 , 23) |
JUDGMENT
Since common questions of law and facts are involved in these petitions, these were heard together and are being disposed of vide this common judgment.
2. By way of instant petitions filed under S. 34 of Arbitration and Conciliation Act , challenge has been laid to awards dated 4.5.2018 passed by learned Arbitrator ( available at Pp. 56-63 of Arb. Case No. 68 of 2018 and at Pp. 55-64 of Arb. Case No. 69 of 2018).
3. For having bird’s eye view, undisputed facts, which may be relevant for the adjudication of the cases at hand, are that the petitioner, which is a sole proprietorship concern, entered into two agreements on 21.6.2016 and 29.6.2016, with respondent-Himachal Pradesh State Civil Supplies Corporation Ltd. (hereinafter, ‘responden
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