Disposed

M/s Vedic Projects Private Ltd. Thru. Director Gaurav Chaudhary v. State of U.P. Thru. Additional Chief Secretary/ Prin. Secy., Irrigation and Water Resources and Ors.

Allahabad HC27 Nov 2024ARBT/51/2024

Case brief

AI extract

What is this about?

Applicant sought court appointment of an arbitrator for payment disputes under three agreements for river-front development work, the earlier appointed arbitrator having died. The Court proposed a retired District Judge as arbitrator, directing his disclosure and consent under Section 11(8)/12(1) before final appointment.

What the court decided

AI extract

M/s Vedic Projects Private Ltd. Thru. Director Gaurav… — Arbitration | Allahabad HC (2024)

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Court No. - 4

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Case :- CIVIL MISC. ARBITRATION APPLICATION No. - 51 of 2024

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Applicant :- M/S Vedic Projects Private Ltd. Thru. Director Gaurav Chaudhary Opposite Party :- State Of U.P. Thru. Additional Chief Secretary/ Prin. Secy., Irrigation And Water Resources And Ors Counsel for Applicant :- Ram Raj

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Hon'ble Rajnish Kumar,J.

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Heard Shri Ram Raj, learned counsel for the applicant and Shri Atul Kumr Mishra, learned Standing Counsel.

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Learned counsel for the applicant submits that the parties had entered into three agreements dated 03.11.2016, 30.12.2016 and 30.12.2016 respectively for development of river front from Nishat Ganj to Hanuman Setu. The work has been completed but some payments have not been made, therefore, the applicant gave notices invoking the arbitration clause-34 (B) of the agreement proposing the names of the arbitrators. In pursuance thereof the Chief Engineer has appointed one of the proposed arbitrators Shri Alakh Prasad Agarwal, Retired Chief Engineer, Irrigation & Water Resources Department of U.P., Lucknow as Arbitrator by means of the order dated 19.09.2024, however he is no more, therefore, some independent Arbitrator may be appointed by this Court.

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Learned Standing Counsel does not dispute that there is dispute and Arbitrator was appointed and an independent Arbitrator may be appointed by this Court.

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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 aforesaid clause. Accordingly, this Court proposes to appoint Shri Om Prakash Verma, (Retired District Judge), resident of D-313, Crystal View Apartment, Near Chinhat Tiraha, Govind Plaza, Faizabad Road, Lucknow, Contact No. 7376005888 as Arbitrator to settle the dispute between the parties.

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Let a copy of the pleadings on record alongwith the relevant provisions of the amending Act 2015 be sent to Shri Om Prakash Verma, (Retired 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, in proforma appended thereto, as also his consent for appointment as an Arbitrator for resolving the dispute.

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List this case immediately after receipt of consent and disclosures of the proposed arbitrator.

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...................................................................(Rajnish Kumar, J.)

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Order Date :- 23.10.2024 Haseen U.

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

M/s Vedic Projects Private Ltd. Thru. Director Gaurav Chaudhary v. State of U.P. Thru. Additional Chief Secretary/ Prin. Secy., Irrigation and Water Resources and Ors.

Case brief

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What the court decided

M/s Vedic Projects Private Ltd. Thru. Director Gaurav Chaudhary v. State of U.P. Thru. Additional Chief Secretary/ Prin. Secy., Irrigation and Water Resources and Ors.

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