Applicant sought appointment of an arbitrator under Section 11(6) after the respondent, citing the U.P. Cooperative Societies Act, failed to consent to arbitration under the contract's Clause 21 despite notice notices.
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Court No. - 6
Case :- CIVIL MISC. ARBITRATION APPLICATION No. - 79 of 2024
Applicant :- M/S Uttam Sucrotech International Pvt. Ltd. Thru. Its Authorized Signatory Harish Kumar Sharma Opposite Party :- The Ramala Sahkari Chini Mill Ltd. Through Its General Manager Counsel for Applicant :- Dileep Singh,Shubham Kumar Kanojiya
Hon'ble Rajnish Kumar,J.
Shri Dilip Singh, learned counsel for the applicant submits that the applicant had entered into an agreement dated 18.03.2018 for supply of the equipment and modernization of the plant of the respondent sugar factory. Certain dispute arose between the parties, therefore the applicant gave a notice dated 23.09.2022 for appointment of Arbitrator for referring the dispute to the Arbitrator for arbitration under Clause 21 of the Contract proposing the name of former judge of the High Court of Delhi. The reply of the same has been given by the respondent vide letter dated 31.10.2022 in which the dispute has not been disputed however it has been stated under Section 70 of the U.P. Cooperative Society Act, 1975 the arbitration can be held by the Registrar/Nibandhak, whereas there is no such provision in the contract, therefore the applicant again gave a notice on 19.11.2022 for consent but no reply of the same has been given, therefore the applicant is constrained to approach this court under 11 (6) of the Arbitration and Cancellation Act, 1996 for appointment of independent Arbitrator.
The matter requires consideration.
Issue notice.
Steps within a three days.
List on the date fixed in notice.
...................................................................(Rajnish Kumar, J.) Order Date :- 21.9.2024 Haseen U.
Digitally signed by :- HASEENUDDIN 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) as the respondent relied on Section 70 of the U.P. Cooperative Societies Act despite no such provision in the contract.
2 provisions across 2 enactments
M/S Uttam Sucrotech International Pvt. Ltd. through its authorized signatory Harish Kumar Sharma
The Ramala Sahkari Chini Mill Ltd. through its General Manager
Rajnish Kumar
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
