Disposed

M/s J. P. S. Foundation through its CEO Mr. Kunwar Bahadur Singh v. Director, Department of Urban Local Bodies

Allahabad HC27 Nov 2024/41/2024

Case brief

AI extract

What is this about?

Court disposed of an application for appointment of an arbitrator under Section 11 of the 1996 Act. Proposed arbitrator filed consent and disclosures. Court formally appointed him to resolve the contractual dispute.

What did the court decide?

Appointment of Shri O. P. Verma, H.J.S. (Retired District Judge), as Arbitrator to decide the dispute.

M/s J. P. S. Foundation through its CEO Mr. Kunwar Bahadur… — Arbitration | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:78633

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Court No. - 4

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Case :- CIVIL MISC. ARBITRATION APPLICATION No. - 41 of 2024

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Applicant :- M/S J. P. S. Foundation Through Its Ceo Mr. Kunwar Bahadur Singh Opposite Party :- Director, Department Of Urban Local Bodies Counsel for Applicant :- Vivek Mishra

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Hon'ble Rajnish Kumar,J.

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Heard.

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This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of Arbitrator.

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This Court had passed the following order on 10.09.2024 and proposed the name of Shri O. P. Verma, H.J.S. (Retired District Judge) as proposed Arbitrator:-

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"1. Heard Shri Vivek Mishra, learned counsel for the applicant and learned Standing Counsel.

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This Court had passed the following order on 22.05.2024:-

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"Shri Vivek Mishra, learned counsel for the applicant submits that the applicant and the respondent had entered into an agreement on 28.02.2018. Some dispute has arose between the parties regarding payment of the applicant, therefore under the terms and conditions of the contract the applicant gave a notice on 05.04.2024 to make payment of the dues of the applicant or appoint an Arbitrator for resolving the dispute. However no reply of the same has been given till date. Therefore the applicant has approached this court for appointment of the Arbitrator. Issue notice returnable at an early date. Steps to be taken within a week. List on the date fixed in the notice. "

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The service on the respondent was sufficient but no objection was filed, therefore, on the request of learned Standing Counsel, the time was granted twice to file objection as recorded in the leading connected Civil Misc. Arbitration Application No. 52 of 2024.

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Learned Standing Counsel submits that despite three letters written by him, none has contacted to file reply/objection.

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In view of above, since there is a dispute which can be adjudicated through arbitration under the agreement as per the arbitration clause, therefore, this Court proposes to appoint Shri O. P. Verma, H.J.S. (Retired District Judge), R/o D-313, Crystal View Apartment, Near Chinhat Tiraha, Faizabad Road, Lucknow, Pincode-226028, Mobile No. 9140366629, 7376005888, as an Arbitrator to settle the dispute between the parties.

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Let a copy of the pleadings on record alongwith the relevant provisions of the amending Act 2015 be sent to Shri O. P. Verma, H.J.S. (Retired District Judge), R/o D-313, Crystal View Apartment, Near Chinhat Tiraha, Faizabad Road, Lucknow, Pincode-226028, Mobile No. 9140366629, 7376005888, 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

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Arbitrator for resolving the dispute.

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Learned counsel for the applicant shall supply an additional copy of the application to the office for the said purpose within a week.

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List immediately after receipt of reply/consent."

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In deference to the aforesaid order the proposed Arbitrator has sent his consent and disclosures through letters dated 28.09.2024 and 08.11.2024 in accordance with law.

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In view of above Shri O. P. Verma, H.J.S. (Retired District Judge), R/o D-313, Crystal View Apartment, Near Chinhat Tiraha, Faizabad Road, Lucknow, Pincode-226028, Mobile No. 9140366629, 7376005888 is hereby appointed as an Arbitrator to decide the dispute between the parties herein.

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The application is, accordingly, disposed of .

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Let a copy of this order be communicated forthwith to Shri O. P. Verma, H.J.S. (Retired District Judge), R/o D-313, Crystal View Apartment, Near Chinhat Tiraha, Faizabad Road, Lucknow, Pincode-226028, Mobile No. 9140366629, 7376005888.

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............................................. .(Rajnish Kumar,J.) Order Date :- 27.11.2024 Banswar

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Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench

M/s J. P. S. Foundation through its CEO Mr. Kunwar Bahadur Singh v. Director, Department of Urban Local Bodies

Case brief

What is this about?

What did the court decide?

M/s J. P. S. Foundation through its CEO Mr. Kunwar Bahadur Singh v. Director, Department of Urban Local Bodies

Case brief

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