Disposed

Axis Infoline Private Limited, Thru. Its Authorized Representative, Namely Mr. Sanjay Pandey v. Lucknow Development Authority, Thru. Its Chairman/ Vice Chairman

Allahabad HC13 Feb 2024ARBT/9/2024

Case brief

AI extract

What is this about?

Application under Section 11(6) of the Arbitration and Conciliation Act for appointment of a sole arbitrator regarding unpaid dues and security deposits under an agreement with the opposite party. The court appointed Sri Deepak Kumar, H.J.S., former Additional District Judge, as arbitrator and disposed of the application.

What the court decided

AI extract

Axis Infoline Private Limited, Thru. Its Authorized… — Arbitration | Allahabad HC (2024)

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Court No. - 4

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Case :- CIVIL MISC. ARBITRATION APPLICATION No. - 9 of 2024

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Applicant :- Axis Infoline Private Limited, Thru. Its Authorized Representative, Namely Mr. Sanjay Pandey Opposite Party :- Lucknow Development Authority, Thru. Its Chairman/ Vice Chairman Counsel for Applicant :- Madhav Om Counsel for Opposite Party :- Ratnesh Chandra

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Hon'ble Rajnish Kumar,J.

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Heard.

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This Court had passed the following order on 27.09.2024:-

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"1. Heard Shri Madhav Om, learned counsel for the applicant and Shri Sankalp Mishra, Advocate holding brief of Shri Ratnesh Chandra, learned counsel for the opposite party.

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2. This Court had passed the following order on 13.02.2024:-

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"Heard, Shri Siddharth Arora, learned counsel for the applicant.

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

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Learned counsel for the applicant submits that in terms of the agreement entered into between the parties on 26.10.2015 the work has been completed by the applicant, but the payments have not been made and the security deposits have also not been returned, therefore the applicant invoking the Clause 30 of the agreement has sent notice on 12.10.2023 for appointment of sole Arbitrator. The respondents have sent reply on 02.11.2023 without disputing the claim. However making false averments for making the payments. Therefore since there is a dispute in regard to the payments, therefore the sole Arbitrator may be appointed by this court.

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Matter requires consideration.

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Issue notice to the respondent returnable at an early date.

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Steps to be taken within a week.

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List with service report."

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Learned counsel for the applicant submits that the payments of the applicant have not been made, therefore, there is a dispute between the parties as recorded in the aforesaid order, so an independent arbitrator may be appointed.

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Learned counsel for the opposite party submits that despite notice, repairs have not been made and work has not been completed, therefore, the

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payments have not been made. However, he could not dispute that there is a dispute between the parties, which can be adjudicated in arbitration.

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3. In view of above, this Court proposes to appoint the name of Sri Deepak Kumar, H.J.S., (Former Additional District Judge), R/o 3/310, Vinamra Khand-III, Gomti nagar, Lucknow, U.P., as an Arbitrator to settle the dispute between the parties.

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4. Let a copy of the pleadings on record alongwith the relevant provisions of the amending Act 2015 be sent to Sri Deepak Kumar, H.J.S., (Former Additional District Judge), R/o 3/310, Vinamra Khand-III, Gomti nagar, Lucknow, U.P., 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 Arbitrator for resolving the dispute.

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5. 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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6. List immediately after receipt of reply/consent."

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In pursuance of the aforesaid order, the consent of the proposed Arbitrator Sri Deepak Kumar, H.J.S., (Former Additional District Judge) has been received through letter dated 08.10.2024 in accordance with law.

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In view of above, Sri Deepak Kumar, H.J.S., (Former Additional District Judge), R/o 3/310, Vinamra Khand-III, Gomti nagar, Lucknow, U.P. 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 Sri Deepak Kumar, H.J.S., (Former Additional District Judge) forthwith.

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Order Date :- 7.11.2024 Raj

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

Axis Infoline Private Limited, Thru. Its Authorized Representative, Namely Mr. Sanjay Pandey v. Lucknow Development Authority, Thru. Its Chairman/ Vice Chairman

Case brief

What is this about?

What the court decided

Axis Infoline Private Limited, Thru. Its Authorized Representative, Namely Mr. Sanjay Pandey v. Lucknow Development Authority, Thru. Its Chairman/ Vice Chairman

Case brief

What is this about?

What the court decided

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