Disposed

M/S Continental India Private Limited v. General Manager Northern Railway Administration

Allahabad HC15 Sept 2021ARCO/15/2021

Case brief

AI extract

What is this about?

The court disposed of an application under Section 11(6) of the Arbitration and Conciliation Act. The applicant sought appointment of an arbitrator due to a dispute and failure by the opposite party to appoint one despite invoking the clause. The court directed the opposite party to provide a panel of names for selection.

What did the court decide?

Directed opposite party to send a panel of four retired officers within 30 days; applicant to select two from the panel and communicate within 30 days of receipt.

M/S Continental India Private Limited Vs General Manager… — Arbitration | Allahabad HC (2021)

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Court No. - 2

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Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 15 of 2021

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Applicant :- M/S Continental India Private Limited Opposite Party :- General Manager Northern Railway Administration Counsel for Applicant :- Sharad Chandra,Durgesh Kumar Singh Counsel for Opposite Party :- Rajnish Kumar Rai,Praveen Kumar Srivastava

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Hon'ble Suneet Kumar,J.

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Heard learned counsel appearing for the applicant and learned counsels appearing for the opposite parties and have perused the materials available on records.

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It is contended on behalf of the applicant that an arbitration agreement was duly entered into between the parties, which contains an arbitration clause for resolving the dispute. It is stated that a dispute has arisen between the parties and a prayer has been made to appoint an arbitrator but the same has not been done so far. Jurisdiction of this Court, accordingly, has been invoked under Section 11(6) of the Arbitration and Conciliation, Act for appointing an arbitrator.

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Dispute has arisen between the parties and despite invocation of arbitration clause, in terms of the agreement, no arbitrator has been appointed. Accrual of dispute, as well as, raising of demand for appointment of an arbitrator, is also not denied. The application is thus liable to succeed.

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In view thereof, the opposite party is directed to send a fresh panel of four retired officers in terms of Clause 64(3)(b) of the General Conditions of Contract within a period of thirty days from today under intimation to the applicant. The applicant shall select two from the four suggested names and communicate to the opposite party within thirty days from the date of receipt of the names of the nominees. Upon receipt of the communication from the applicant, the opposite parties shall constitute the Arbitral Tribunal in terms of Clause 64(3)(b) of the General Conditions of Contract within thirty days from the date of the receipt of the communication from the applicant.

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Application is, accordingly, disposed of.

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Order Date :- 15.9.2021 S.Prakash

M/S Continental India Private Limited v. General Manager Northern Railway Administration

Case brief

What is this about?

What did the court decide?

M/S Continental India Private Limited v. General Manager Northern Railway Administration

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

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