Disposed

M/S Singh Brothers through Its Proprietor Jagram Singh v. Irrigation Department Uttar Pradesh through Chief Engineer (Betwa Project) and Ors.

Allahabad HC25 Nov 2024/16/2024

Case brief

AI extract

What is this about?

The Allahabad High Court, in an arbitration application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, addressed a dispute over payment for completed works. After reviewing the admission of dues by respondents and the existence of an arbitration clause, the Court appointed a retired District Judge as the sole arbitrator to resolve the dispute and disposed of the applicati

What did the court decide?

Appointment of Shri Awadh Bihari Shukla as sole arbitrator to settle the dispute and disposal of the application.

M/S Singh Brothers through Its Proprietor Jagram Singh Vs… — Arbitration | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:78349

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Court No. - 4

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Case :- CIVIL MISC. ARBITRATION APPLICATION No. - 16 of 2024

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Applicant :- M/S Singh Brothers Through Its Proprietor Jagram Singh Opposite Party :- Irrigation Department Uttar Pradesh Through Chief Engineer (Betwa Project) And Ors. Counsel for Applicant :- Durgesh Kumar Shukla,Suyash Manjul Counsel for Opposite Party :- C.S.C.

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Hon'ble Rajnish Kumar,J.

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This Court had passed the following order on 26.09.2024:-

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"1. Heard Shri Suyash Manjul, learned counsel for the applicant and learned Standing Counsel.

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2. This application has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of sole independent Arbitrator.

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3. Learned counsel for the applicant submits that the parties had entered into an agreement dated 16.02.2019 for execution of certain works. The works were completed by the applicants but the payments were not made, therefore, the applicant invoking Clause 34-A of the Agreement gave a notice dated 23.04.2023 making a request or payment of the dues or appointment of an Arbitrator for settling the depute between the parties. The same was replied by the respondents by means of the letter dated 25.11.2023 treating the notice for arbitration as a notice under Section 80 C.P.C. but admitted that the dues of the applicant are pending but the same have not been paid till date.

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4. Learned Standing Counsel submits that the applicant had not completed the works and he had sought extension of time by means of the letter dated 16.11.2019 with the undertaking that he would not make any claim for the same in case the extension is granted and thereafter twice the time was extended but the work was not completed, therefore, he is not entitled for any claim.

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5. Learned counsel for the applicant submits that the respondents have themselves admitted in reply to the notice of the applicant that certain dues of the applicant are pending for payment pending before the higher authority. He further submits that in paragraph-26 of the counter affidavit filed by the respondents also, the respondents have admitted it.

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6. In view of above, there is dispute between the parties in terms of the agreement between the parties, which can be adjudicated in arbitration under the aforesaid clause. Accordingly, this Court proposes to appoint Shri Awadh Bihari Shukla (Retired District Judge), resident of

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493/74A/28, Rama Nand Nagar, Allapur, (Near Bajrang Chauraha) Allahabad, Contact No.9415005656 as Arbitrator to settle the dispute between the parties.

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7. Let a copy of the pleadings on record alongwith the relevant provisions of the amending Act 2015 be sent to Shri Shri Awadh Bihari Shukla (Retired District Judge), for eliciting his disclosure in terms of Section 11(8) read with Section 12(1) of the Act, 1996 and Schedule VI and VII as amended by Act 2015, appended thereto, as also his consent for appointment as an Arbitrator for resolving the dispute.

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8. List this case immediately after receipt of consent of the proposed arbitrator."

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In deference to the aforesaid order passed by this Court, the proposed arbitrator has sent his consent through letter dated 18.10.2024 and 20.11.2024.

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In view of above Shri Awadh Bihari Shukla (Retired District Judge), resident of 493/74A/28, Rama Nand Nagar, Allapur, (Near Bajrang Chauraha) Allahabad, Contact No.9415005656 is appointed as an Arbitrator to arbitrate with regard to the dispute between the parties herein.

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The application is disposed of.

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Office is directed to communicate a copy of this order to Shri Awadh Bihari Shukla (Retired District Judge), forthwith.

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...................................................................(Rajnish Kumar, J.)

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Order Date :- 25.11.2024 Haseen U.

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Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench

M/S Singh Brothers through Its Proprietor Jagram Singh v. Irrigation Department Uttar Pradesh through Chief Engineer (Betwa Project) and Ors.

Case brief

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M/S Singh Brothers through Its Proprietor Jagram Singh v. Irrigation Department Uttar Pradesh through Chief Engineer (Betwa Project) and Ors.

Case brief

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What did the court decide?

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