This order is a procedural step in a Civil Miscellaneous Arbitration Application. The court did not decide the merits but issued notice to the opposite parties to be returnable at an early date and fixed the matter for a future hearing.
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Court No. - 5
Case :- CIVIL MISC. ARBITRATION APPLICATION No. - 30 of 2024
Applicant :- M/S Mayur Developers Thru Raju Agarwal Opposite Party :- M/S Ankit Buildtech Construction Pvt. Ltd Thru. Director And Others Counsel for Applicant :- Mukesh Kumar Tewari
Hon'ble Rajnish Kumar,J.
Sri Mukesh Kumar Tewari, learned counsel for the applicant submits that the applicant and the respondent had entered into Builders Agreement on 10.11.2014. Some dispute has arose, therefore in terms of Section 17 of the agreement, the notice was given for appointment of arbitrator but the same was not appointed therefore the applicant had approached this Court for appointment of arbitrator by means of the Arbitration Application No.18 of 2021. Thereafter the settlement was arrived at between the parties for completion of work on 21.10.2021. Therefore the applicant had withdrawn the arbitration application, which was dismissed as withdrawn by means of the order dated 11.11.2021 by this Court. However, since the settlement arrived at between the parties has not been complied and the works have not been completed therefore the applicant gave notices to the respondents on 20.11.2021 for removal of the deficiencies but no action was taken. Therefore the applicant gave notice for appointment of arbitrator on 18.07.2023 and 31.07.2023 but the respondent has not responded to the same. Therefore the applicant is before this Court for appointment of arbitrator for resolution of the dispute between the parties in terms of the agreement.
The matter requires consideration.
Issue notice to the opposite parties returnable at an early date. Steps to be taken within a week.
List on the date fixed in the notice.
Order Date :- 26.4.2024 Akanksha
Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
M/S Mayur Developers Thru Raju Agarwal
Rajnish Kumar
As recorded by the court registry
4 orders share this CNR
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