Arbitration application seeking appointment of an arbitrator for a dispute under a 2014 agreement after amicable settlement failed. Respondents consented to court appointment. The court appointed Sohan Lal Srivastava (Retired Additional District Judge) as arbitrator upon receipt of his consent.
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Court No. - 4
Case :- CIVIL MISC. ARBITRATION APPLICATION No. - 21 of 2024
Applicant :- Omveer Singh And Another Opposite Party :- Sufiyan And Others Counsel for Applicant :- Madhusudan Srivastava,Madhav Srivastava Counsel for Opposite Party :- Kritika Thakur
Hon'ble Rajnish Kumar,J.
Heard.
This Court had passed the following order on 1.10.2024:-
"1. Heard Sri Madhusudan Srivastava, learned counsel for the applicants and Ms. Kritika Thakur, learned counsel for the respondents.
2. This application has been filed under Section 11(6)(a) of the Arbitration and Conciliation Act, 1996 for appointment of an independent Arbitrator on the ground that the parties had entered into an agreement dated 01.12.2014 but certain dispute arose between the parties, therefore, a notice dated 04.12.2023 was given for solving the dispute amicably which could not be solved. Therefore, a notice dated 08.01.2024 was given for appointment of an independent Arbitrator, as the named Arbitrators are not competent to arbitrate the matter.
3. Learned counsel for the respondents does not dispute that there is a dispute between the parties and she has no objection in case an independent Arbitrator is appointed by this Court, because the respondents are not agreed on the names of proposed Arbitrators given by the applicant in Paragraph 4 of the application.
4. In view of above, there is dispute between the parties in terms of the agreement between the parties, which can be adjudicated in arbitration under the agreement between the parties. Accordingly, this Court proposes to appoint Shri Sohan Lal Srivastava (Retired Additional District Judge), resident of 4/C-1156, Sector 04, Gomti Nagar Extension, Lucknow Contact No.7905655717 as Arbitrator to settle the dispute between the parties.
5. Let a copy of the pleadings on record alongwith the relevant provisions of the amending Act 2015 be sent to Shri Sohan Lal Srivastava (Retired Additional District Judge), 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.
6. List this case immediately after receipt of consent of the proposed arbitrator."
In deference to the aforesaid order, the consent of the proposed
Arbitrator Shri Sohan Lal Srivastava (Retired Additional District Judge) has been received through letter dated 05.11.2024 in accordance with law.
In view of above, Shri Sohan Lal Srivastava (Retired Additional District Judge), resident of 4/C-1156, Sector 04, Gomti Nagar Extension, Lucknow Contact No.7905655717 is hereby appointed as Arbitrator to decide the dispute between the parties.
Accordingly, the application is disposed of .
Office is directed to communicate a copy of this order to Shri Sohan Lal Srivastava (Retired Additional District Judge) forthwith.
Order Date :- 29.11.2024 Raj
Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether an independent arbitrator should be appointed under Section 11(6)(a) of the Arbitration and Conciliation Act, 1996 for adjudicating disputes arising from an agreement dated 01.12.2014.
2 provisions across 1 enactments
Omveer Singh And Another
Sufiyan And Others
Rajnish Kumar
As recorded by the court registry
8 orders share this CNR
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