Disposed

M/S Tirkuta Communications (P) Ltd. Thru. Director Pankaj Mahajan v. Uttar Pradesh Road Transport Corporation Thru. M.D. and Ors.

Allahabad HC30 Aug 2024/63/2023

Case brief

AI extract

What is this about?

The court appointed an arbitrator on joint proposal of the parties in an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, after finding no dispute regarding the arbitration clause and the notice invoking it.

What did the court decide?

Appointment of Shri Ashish Chaturvedi, Advocate as the Sole Arbitrator in the dispute between the parties is ordered.

M/S Tirkuta Communications (P) Ltd. Thru. Director Pankaj… — Arbitration | Allahabad HC (2024)

¶1

Court No. - 6

¶2

Case :- CIVIL MISC. ARBITRATION APPLICATION No. - 63 of 2023

¶3

Applicant :- M/S Tirkuta Communications (P) Ltd. Thru. Director Pankaj Mahajan Opposite Party :- Uttar Pradesh Road Transport Corporation Thru. M.D. And Ors.

¶4

Counsel for Applicant :- Somesh Tripathi,Saurabh Yadav Counsel for Opposite Party :- Ratnesh Chandra

¶5

Hon'ble Rajnish Kumar,J.

¶6

By means of the order dated 07.12.2023, Sri Ashish Chaturvedi,Advocate was proposed as an arbitrator in the matter. The order dated 07.12.2023 is reproduced as under:-

¶7

"Heard Shri Somesh Tripathi, learned counsel for the petitioner and Shri Ratnesh Chandra learned counsel appearing for the respondents.

¶8

The instant petition has been filed seeking appointment of the sole Arbitrator in terms of Section 11(6) of the Arbitration and Conciliation but the same was not redressed. In view thereof, the petitioner by means of its notice dated 18th of August, 2021 invoked.

¶9

It is submitted that the petitioner had raised the grievances but the same was not redressed. In view thereof, the petitioner by means of its notice dated 18th of August, 2021 invoked the arbitration clause. It is urged that the said notice was received by the respondents but they did not take any steps for constitution of the Arbitral Tribunal, consequently the petitioner has approached this Court by means of the instant petition.

¶10

Shri Ratnesh Chandra, learned counsel for the respondents submits that though the tender, the arbitration clause and the invocation notice is not disputed but it is submitted that the claims made by the petitioner are not genuine and are not payable.

¶11

Having considered the aforesaid submissions, this Court finds that in so far as the arbitration clause and the notice invoking arbitration clause is concerned, there is no dispute between the parties and apparently there is a clear dispute as the petitioner has laid his claim which is denied by the respondents. Accordingly this Court finds that it is a fit case for being referred to arbitration and consequently the Court provides that all contentious questions be left open to be raised and adjudicated before the sole Arbitrator. Learned counsel for the parties have jointly proposed the name of Shri Ashish Chaturvedi, Advocate, S/o Shri Ashok Kumar Chaturvedi, R/o House No.41/385, near Municipal School Narahi, Lucknow, Mobile No.9335281014 to act as an Arbitrator which is accepted by the Court.

¶12

Learned counsel for the petitioner shall submit the entire paper book with the office of this Court within a week from today which shall be forwarded to the proposed Arbitrator for seeking the consent of the proposed arbitrator in terms of Section 12(1) of the Arbitration & Conciliation Act, 1996.

¶13

List this matter again on 8th of January, 2024 for further orders"

¶14

In pursuance of the aforesaid order, Sri Ashish Chaturvedi,Advocate has furnished the disclosure and accorded his consent in accordance with law to be an Arbitrator vide letter dated 19.12.2023.

¶15

In view of above, Shri Ashish Chaturvedi, Advocate, S/o Shri Ashok Kumar Chaturvedi, R/o House No.41/385, near Municipal School Narahi, Lucknow, Mobile No.9335281014 is appointed as an Arbitrator to arbitrate with regard to the dispute between the parties herein.

¶16

The application is disposed of accordingly.

¶17

Office is directed to communicate a copy of this order to Shri Ashish Chaturvedi, Advocate forthwith.

¶18

Order Date :- 30.8.2024 Akanksha Sri.

¶19

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

M/S Tirkuta Communications (P) Ltd. Thru. Director Pankaj Mahajan v. Uttar Pradesh Road Transport Corporation Thru. M.D. and Ors.

Case brief

What is this about?

What did the court decide?

M/S Tirkuta Communications (P) Ltd. Thru. Director Pankaj Mahajan v. Uttar Pradesh Road Transport Corporation Thru. M.D. and Ors.

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

Coram

Case details

Similar cases

Shyampati Vs Ram Karan Pandey and Ors.

Acumen Enterprises Thru. Proprietor Vijay Kant Tiwari Alias Vijay Kumar Lko. and Another vs State of U.P. Thru. Prin. Secy. Home, Lko. and Another

National Insurance Company Ltd., Lucknow Thru. Regional Manager vs Amit Kumar and Others

Smt. Balapati vs Sri Ramjaan Ali and 11 Others

Dr. Sunil Yadav vs Smt. Leena Johri, Ias, Prin. Secy. Deptt. of Ayush Govt. of U.P., Lko. and Another

Dr. Gauri Shankar Tiwari vs Smt. Leena Johri, Ias, Prin. Secy. Deptt. of Ayush Govt. of U.P., Lko. and Another