Disposed

M/S Shiv Shakti Construction Through Its Proprietor Sri Mahendra Singh v. Lucknow Development Authority, through its Vice-Chairman and Ors.

Allahabad HC12 Feb 2024/80/2023

Case brief

AI extract

What is this about?

Application seeking appointment of an independent sole arbitrator under Section 11(6) of the Arbitration Act, 1996 due to termination of prior arbitrator's mandate. Court appointed retired High Court Judge after receiving respondent's consent and arbitrator's confirmation.

What did the court decide?

Appointment of Hon'ble Mr. Shashi Kant Gupta (Retired Judge of this Court) as the Arbitrator to decide the dispute between the parties.

M/S Shiv Shakti Construction Through Its Proprietor Sri… — Arbitration | Allahabad HC (2024)

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Court No. - 4

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Case :- CIVIL MISC. ARBITRATION APPLICATION No. - 80 of 2023

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Applicant :- M/S Shiv Shakti Construction Through Its Proprietor Sri Mahendra Singh

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Opposite Party :- Lucknow Development Authority, Through Its ViceChairman And Ors.

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Counsel for Applicant :- Avdhesh Kumar Pandey,Radhika Varma,Sudeep Kumar

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Counsel for Opposite Party :- Dhirendra Singh

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Hon'ble Rajnish Kumar,J.

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Heard Ms. Radhika Verma, learned counsel for the applicant and Shri Dhirendra Singh, learned counsel for the respondents.

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This Court had passed the following order on 16.12.2023:-

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"Heard Ms. Radhika Varma, learned counsel for the petitioner and Shri Dhirendra Singh, learned counsel for the Lucknow Development Authority.

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The petitioner has approached this Court in terms of Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an independent sole Arbitrator.

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The submission of the learned counsel for the petitioner is that an agreement dated 17.08.2006 was entered between the petitioner and the respondent for the purposes of construction / laying of sever lines in Sector - O, Basant Kunj Yojena, Hardoi Road, Lucknow. The said agreement contained an Arbitration Clause.

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Initially disputes had occurred between the parties and the matter was referred to a sole Arbitrator. The proceedings were in progress, however, the mandate of the Arbitrator stood terminated in terms of Section 29-A(4) of the Act of 1996. The petitioner, thereafter had invoked the Arbitration Clause seeking appointment of a substitute Arbitrator as the mandate has expired and the matter could be taken to its logical conclusion.

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Despite the said notice dated 18th of September, 2023 which was served on the respondent, no steps were taken for constitution of an Arbitral Tribunal. However, in the meantime, the Arbitrator had recused himself yet he appointed another Arbitrator on his own which as per the petitioner could not have been done as it was against the provisions of the Act of 1996 and it promoted the petitioner to knock the doors of the Court by means of this petition.

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Considering the aforesaid, the Court had issued notices to the respondents, in pursuance whereof, Shri Dhirendra Singh, learned counsel has put in appearance.

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Today, a copy of the written instructions has been provided by Shri Dhirendra Singh, learned counsel, dated 13.12.2023, under the signatures of the Vice Chairman, Lucknow Development Authority indicating that they have no objection, in case, if an independent Arbitrator is appointed by this Court.

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Considering the aforesaid fact including in terms of the provisions contained in the Arbitrator and Conciliation Act, 1996, Section 12(5) read with Schedule 5 and 7, this Court finds that it is appropriate to appoint an Arbitrator.

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For the aforesaid purpose, the Court purposes the name of Hon'ble Mr. Justice Shashi Kant Gupta (a retired Judge of this Court) 9 Elign Road, Mobile No. 9415216833, [email protected] to act as an Arbitrator and decide the dispute between the parties.

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The counsel for the petitioner shall furnish a complete set of paper book to the office of this Court within 10 days from today which shall be forwarded to the proposed Arbitrator to seek his consent in terms of Section 12(1) of the Arbitration and Conciliation Act, 1996.

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List this matter again on 22.01.2024 for further orders."

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In pursuance to the aforesaid order, the consent of the proposed Arbitrator Hon'ble Mr. Shashi Kant Gupta (Retired Judge of this Court) through letters dated 04.01.2024 and 01.02.2024 has been received in accordance with law.

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In view of above, Hon'ble Mr. Shashi Kant Gupta (Retired Judge of this Court), 9 Elign Road, Allahabad Mobile No. 9415216833, [email protected] is hereby appointed as Arbitrator to decide the dispute between the parties.

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Accordingly, the application is disposed of.

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Office is directed to communicate a copy of this order to Hon'ble Mr. Shashi Kant Gupta (Retired Judge of this Court) forthwith.

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(Rajnish Kumar, J.)

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Order Date :- 12.2.2024/Raj

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

M/S Shiv Shakti Construction Through Its Proprietor Sri Mahendra Singh v. Lucknow Development Authority, through its Vice-Chairman and Ors.

Case brief

What is this about?

What did the court decide?

M/S Shiv Shakti Construction Through Its Proprietor Sri Mahendra Singh v. Lucknow Development Authority, through its Vice-Chairman and Ors.

Case brief

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What did the court decide?

What the court decided

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