Disposed

M/s Shekhar Traders, through its Sole Proprietor Mr. Addya Tiwari v. The Chief Engineer (Nh), U.P. Public Works Department, Lucknow and 3 Others

Allahabad HC20 Nov 2024ARBT/102/2024

Case brief

AI extract

What is this about?

This order in arbitration application notes receipt of counsel's submission regarding failure of respondents to appoint an arbitrator despite earlier court directions. The court orally issues notice and orders compliance within a week with a future listing date.

What did the court decide?

Notice issued to respondents; steps taken within a week; list on date indicated in notice.

M/s Shekhar Traders, through its Sole Proprietor Mr. Addya… — Arbitration | Allahabad HC (2024)

¶1

Court No. - 4

¶2

Case :- CIVIL MISC. ARBITRATION APPLICATION No. - 102 of 2024 Applicant :- M/S Shekhar Traders, Through Its Sole Proprietor Mr. Addya Tiwari

¶3

Opposite Party :- The Chief Engineer (Nh), U.P. Public Works Department, Lucknow And 3 Others Counsel for Applicant :- Apoorv Dev,Prashant Kumar Singh

¶4

Hon'ble Rajnish Kumar,J.

¶5

Heard.

¶6

Shri Apoorv Dev, learned counsel for the applicant submits that the parties had entered into an agreement on 14.06.2011 for renewal of PWD roads. The agreement was terminated by the respondents by means of order dated 03.07.2013. The applicant gave notice dated 01.09.2014 for appointment of an independent arbitrator under clause 25.3(a) of the general conditions of the contract as the contract was illegally terminated and dues were not paid.

¶7

He further submits that the respondents instead of appointing a sole arbitrator appointed a Dispute Review Expert (DRE) by means of order dated 14.11.2018. The applicant pursued the matter before the DRE, who submitted a report dated 13.09.2019 with a decision that the department will recalculate its counterclaim assessment and the dues on claimant and after adjusting the amount finally payable to the contractor pay to the claimant or recover from him the amount finally comes after calculation, as the case may be.

¶8

He further submits that the applicant challenged the same before this court in Writ C No. 27905 of 2019. The writ petition was disposed of by means of the order dated 12.07.2022 with a direction to the respondents no. 2 and 3 in the petition to complete the exercise as per the order dated 13.09.2019 providing therein that if the applicant is aggrieved he can invoke the arbitration clause. Thereafter no decision was taken

¶9

by the respondents in compliance of the order passed by this Court, therefore, the applicant gave a notice dated 16.12.2022 for appointment of an independent sole arbitrator, but neither the same has been complied nor the recalculation has been made and provided to the applicant nor the sole arbitrator has been appointed, therefore, the applicant has been constrained to approach this Court.

¶10

The matter requires consideration.

¶11

Issue notice to the respondents.

¶12

Steps be taken within a week.

¶13

List on the date indicated in the notice.

¶14

Order Date :- 2.12.2024 J. K. Dinkar

¶15

Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench

M/s Shekhar Traders, through its Sole Proprietor Mr. Addya Tiwari v. The Chief Engineer (Nh), U.P. Public Works Department, Lucknow and 3 Others

Case brief

What is this about?

What did the court decide?

M/s Shekhar Traders, through its Sole Proprietor Mr. Addya Tiwari v. The Chief Engineer (Nh), U.P. Public Works Department, Lucknow and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Executive Engineer, Provincial P.W.D., Orai, Jalaun vs M/S Shanti Construction Partnership Firm Registered Under Indian Partnership Act

Gyani vs Shri R.K. Choudhary

Dheeraj Kumar Sharma vs State of U.P. Thru. Secy. Home Lko. and 2 Others

Smt. HUDA Fatima and 4 Others vs the Additional Commissioner (Judicial - Ii) Lucknow Division, Lko. and 6 Others

Mahant Bharat Das Disciple (Chela) vs District Judge Sultanpur and 3 Others

Main Bahadur vs State of U.P. Thru. Prin. Secy. Transport Deptt. Lko. and 2 Others