Disposed¶16

M/S Halwasiya Center Maintenance Services LLP Thru. Its Authorized Signatory Smt. Saraswati Singh v. M/S Gss Enterprises Thru. Proprietor Sri Gayasuddin Khan

Allahabad HC9 Jan 2024/29/2022

Case brief

AI extract

What is this about?

Appointment of arbitrator; consent of proposed arbitrator not received; fresh proposal of arbitrator; retired District Judge appointed as Arbitrator; Section 12(6) Arbitration and Conciliation Act 1996; CIVIL MISC. ARBITRATION APPLICATION No. 29 of 2022; M/s Halwasiya Center Maintenance Services LLP vs M/s GSS Enterprises; Rajnish Kumar J.; Allahabad High Court Lucknow Bench; order dated 9.1.2024; Shri Vinod Kumar (Retd.) District Judge; Shri Sharda Prasad Tiwari (Retd.) District Judge; letter dated 04.01.2024.

What did the court decide?

Application disposed of upon appointment of Shri Sharda Prasad Tiwari, (Retd.) District Judge as Arbitrator; a copy of the order to be communicated to the arbitrator forthwith. ¶16

M/S Halwasiya Center Maintenance Services LLP Thru. Its… — Arbitration | Allahabad HC (2024)

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Court No. - 4

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Case :- CIVIL MISC. ARBITRATION APPLICATION No. - 29 of 2022

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Applicant :- M/S Halwasiya Center Maintenance Services Llp Thru. Its Authorized Signatory Smt. Saraswati Singh Opposite Party :- M/S Gss Enterprises Thru. Proprietor Sri Gayasuddin Khan

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Counsel for Applicant :- Vikas Sharma,Vidya Dhar Upadhyay Counsel for Opposite Party :- Abhishek Kumar Singh,Shubhangi Singh

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Hon'ble Rajnish Kumar,J.

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Heard learned counsel for the applicant.

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This Court had passed the following order on 11.12.2023:-

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"This Court, after hearing the parties, by means of the order dated 03.11.2023 had found that it was a fit matter for being referred to the arbitrator and had proposed the name of Shri Vinod Kumar, (Retd.), District Judge, R/o A4/9, Viraj Khand, Near Sahara Hospital, Gomti Nagar, Lucknow, U.P., to act as an arbitrator and sought his consent.

¶9

The record indicates that a letter was sent to the proposed arbitrator seeking his consent. Again a reminder has been sent in terms of the order dated 03.11.2023 which has per the office report dated 08.12.2023 has been served, however, no consent has been received from the proposed arbitrator.

¶10

In the aforesaid circumstances where the consent has not been received, hence, the Court is constrained to propose a fresh name to act as an Arbitrator and for the said reason, the Court now proposes the name of Shri Sharda Prasad Tiwari, (Retd.) District Judge.

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Accordingly, in furtherance thereof, the Court proposed the name of Shri Sharda Prasad Tiwari, (Retd.) District Judge, resident of 2/146-A, Vishesh Khand, Gomti Nagar, Lucknow, PIN-226010 Mobile No.9005117725 to act as an Arbitrator.

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Learned counsel for the petitioner shall provide a complete set of the paper-book to be forwarded to the proposed arbitrator to seek his consent under Section 12(6) of the Arbitration and Conciliation Act, 1996.

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List this matter on 09.01.2024."

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In pursuance of the aforesaid order passed by this Court, the consent of Shri Sharda Prasad Tiwari, (Retd.) District Judge, resident of 2/146-A, Vishesh Khand, Gomti Nagar, Lucknow, PIN-226010 Mobile No.9005117725 has been received through letter dated 04.01.2024.

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In view of above, Shri Sharda Prasad Tiwari, (Retd.) District Judge, resident of 2/146-A, Vishesh Khand, Gomti Nagar, Lucknow, PIN-226010 Mobile No.9005117725 is appointed as Arbitrator in the matter to decide the dispute between the parties.

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With the aforesaid, the application is disposed of .

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Let a copy this order be communicated to Shri Sharda Prasad Tiwari, (Retd.) District Judge, resident of 2/146-A, Vishesh Khand, Gomti Nagar, Lucknow, PIN-226010 Mobile No.9005117725 forthwith.

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...................................................................(Rajnish Kumar, J.) Order Date :- 9.1.2024 Haseen U.

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

M/S Halwasiya Center Maintenance Services LLP Thru. Its Authorized Signatory Smt. Saraswati Singh v. M/S Gss Enterprises Thru. Proprietor Sri Gayasuddin Khan

Case brief

What is this about?

What did the court decide?

M/S Halwasiya Center Maintenance Services LLP Thru. Its Authorized Signatory Smt. Saraswati Singh v. M/S Gss Enterprises Thru. Proprietor Sri Gayasuddin Khan

Case brief

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