Disposed

Omveer Singh and Another v. Sufiyan and 3 Others

Allahabad HC27 Jan 2025/20/2024

Case brief

AI extract

What is this about?

Section 11(6) arbitration application arising from disputes over a 2018 agreement where the named arbitrators were deemed unfit. With respondents' consent, court appointed a retired Additional District Judge as arbitrator after receiving his consent and disclosures.

What did the court decide?

Appointment of Shri Sohan Lal Srivastava (Retired Additional District Judge) as arbitrator to adjudicate the dispute between the parties.

Omveer Singh and Another Vs Sufiyan and 3 Others — Arbitration | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:5183

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Court No. - 4

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Case :- CIVIL MISC. ARBITRATION APPLICATION No. - 20 of 2024

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Applicant :- Omveer Singh And Another Opposite Party :- Sufiyan And 3 Others Counsel for Applicant :- Madhusudan Srivastava,Madhav Srivastava Counsel for Opposite Party :- Kritika Thakur

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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 01.10.2024 and proposed the name of Shri Sohan Lal Srivastava (Retired Additional District Judge) as proposed Arbitrator:-

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Heard Sri Madhusudan Srivastava, learned counsel for the applicants and Ms. Kritika Thakur, learned counsel for the respondents.

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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 22.03.2018 but certain dispute arose between the parties, therefore, a notice dated 29.11.2023 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.

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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.

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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 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.

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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 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.

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

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The proposed Arbitrator has sent his consent and disclosures through letter dated 26.10.2024 in accordance with law.

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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 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 Sohan Lal Srivastava (Retired Additional District Judge), resident of 4/C-1156, Sector 04, Gomti Nagar Extension, Lucknow Contact No.7905655717.

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............................................. .(Rajnish Kumar,J.) Order Date :- 27.1.2025 Banswar

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

Omveer Singh and Another v. Sufiyan and 3 Others

Case brief

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Omveer Singh and Another v. Sufiyan and 3 Others

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