Disposed

M/S Krishi Evam Shaikshik Prabandh Sansthan, thru. Chief Executive Officer Mr. Satya Prakash Singh v. Director, Department of Urban Local Bodies

Allahabad HC17 Oct 2024ARBT/48/2024

Case brief

AI extract

What is this about?

Application under Section 11(6) of the Arbitration and Conciliation Act, 1996 for payment dues under a 2018 agreement with an arbitration clause. After the proposed arbitrator's consent and disclosures were received, the court appointed Shri O. P. Verma as arbitrator.

What the court decided

AI extract

M/S Krishi Evam Shaikshik Prabandh Sansthan, thru. Chief… — Arbitration | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:78633

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Court No. - 4

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Case :- CIVIL MISC. ARBITRATION APPLICATION No. - 48 of 2024

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Applicant :- M/S Krishi Evam Shaikshik Prabandh Sansthan, Thru. Chief Executive Officer Mr. Satya Prakash Singh Opposite Party :- Director, Department Of Urban Local Bodies Counsel for Applicant :- Vivek Mishra

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Hon'ble Rajnish Kumar,J.

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Heard.

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

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This Court had passed the following order on 10.09.2024 and proposed the name of Shri O. P. Verma, H.J.S. (Retired District Judge) as proposed Arbitrator:-

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"1. Heard Shri Vivek Mishra, learned counsel for the applicant and learned Standing Counsel.

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This Court had passed the following order on 31.05.2024:"Heard learned counsel for the applicant.

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The instant petition was preferred under Section 11(6) of the Arbitration and Conciliation Act 1996.

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Submission of learned counsel for the applicant is that an agreement was entered between the applicant and the respondent on 28.02.2018, in terms whereof, the applicant was required to carry out certain work, for which, the respondent was ready to make the payment but it has not been done. The said agreement contained an arbitration clause in terms whereof the project Director of UPSGRCA was to act as an Arbitrator.

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It is urged that the applicant had written letters to the department for release of the payment which was not been given any weightage. Accordingly, by means of the notice dated 10.04.2024, the applicant has invoked the arbitration clause. The letter was received by the respondent but they have not respond, as such the appointment procedure as agreed by the parties has failed.

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Matter requires consideration. Let notice be issued to the respondent. Steps be taken within one week. List on 29.07.2024. "

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The service on the respondent was sufficient but no objection was filed, therefore, on the request of learned Standing Counsel, the time was granted twice to file objection as recorded in the leading connected Civil Misc. Arbitration Application No. 52 of 2024.

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Learned Standing Counsel submits that despite three letters written by him, none has contacted to file reply/objection.

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In view of above, since there is a dispute which can be adjudicated through arbitration under the agreement as per the arbitration clause, therefore, this Court proposes to appoint Shri O. P. Verma, H.J.S. (Retired District Judge), R/o D-313, Crystal View Apartment, Near Chinhat Tiraha, Faizabad Road, Lucknow, Pincode-226028, Mobile No. 9140366629,

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7376005888, as an Arbitrator to settle the dispute between the parties. 6. Let a copy of the pleadings on record alongwith the relevant provisions of the amending Act 2015 be sent to Shri O. P. Verma, H.J.S. (Retired District Judge), R/o D-313, Crystal View Apartment, Near Chinhat Tiraha, Faizabad Road, Lucknow, Pincode-226028, Mobile No. 9140366629, 7376005888, 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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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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List immediately after receipt of reply/consent."

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In deference to the aforesaid order the proposed Arbitrator has sent his consent and disclosures through letters dated 28.09.2024 and 08.11.2024 in accordance with law.

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In view of above Shri O. P. Verma, H.J.S. (Retired District Judge), R/o D-313, Crystal View Apartment, Near Chinhat Tiraha, Faizabad Road, Lucknow, Pincode-226028, Mobile No. 9140366629, 7376005888 is hereby appointed as an Arbitrator to decide the dispute between the parties herein.

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The application is, accordingly, disposed of .

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Let a copy of this order be communicated forthwith to Shri O. P. Verma, H.J.S. (Retired District Judge), R/o D-313, Crystal View Apartment, Near Chinhat Tiraha, Faizabad Road, Lucknow, Pincode-226028, Mobile No. 9140366629, 7376005888.

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............................................. .(Rajnish Kumar,J.) Order Date :- 27.11.2024 Banswar

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Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench

M/S Krishi Evam Shaikshik Prabandh Sansthan, thru. Chief Executive Officer Mr. Satya Prakash Singh v. Director, Department of Urban Local Bodies

Case brief

What is this about?

What the court decided

M/S Krishi Evam Shaikshik Prabandh Sansthan, thru. Chief Executive Officer Mr. Satya Prakash Singh v. Director, Department of Urban Local Bodies

Case brief

What is this about?

What the court decided

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Statutes considered

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