M/S Konark Polytubes Private Limited Thru. G.M. Anjum Sagheer Vs Principal Secretary, Minor Irrigation Dept. and Anr.

Neutral Citation No. - 2025:AHC-LKO:13462

Court No. - 4

Case :- CIVIL MISC. ARBITRATION APPLICATION No. - 10 of 2025

Applicant :- M/S Konark Polytubes Private Limited Thru. G.M. Anjum Sagheer Opposite Party :- Principal Secretary, Minor Irrigation Dept. And Anr. Counsel for Applicant :- Krishan Kanhaya Pal,Pooja Pal,Sardar Alok Singh Counsel for Opposite Party :- C.S.C.

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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 22.01.2025 and proposed the name of Sri Yogendra Singh II (Retd.Judge), resident of C-744, Mahanagar, Lucknow, Contact No.9415002400 as proposed Arbitrator:-

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"Heard Sri K.K.Pal, learned counsel for the applicant and Sri Arun Kumar Singh, learned Standing Counsel.

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This petition has been filed under Section 11(6) of the Arbitration and Conciliation Act 1996 for appointment of an independent arbitrator.

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Learned counsel for the applicant submits that in regard to identical Agreement No.7 dated 03.02.2023, the name of the arbitrator has been proposed by means of the order dated 06.01.2025 passed in Civil Misc. Arbitration Application No.97 of 2023. The present application is in regard to the Agreement No.8 dated 03.02.2023,rest all the facts are same as recorded in the order dated 06.01.2025 passed by this Court, which are not disputed by learned Standing Counsel.

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The order dated 06.01.2025 is extracted hereinbelow:-

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"Heard Sri K.K.Pal, learned counsel for the applicant and Sri Arun Kumar Singh, learned Standing Counsel.

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This petition has been filed under Section 11(6) of the Arbitration and Conciliation Act 1996 for appointment of an independent arbitrator.

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Learned counsel for the applicant submits that the applicant has entered into 3 Agreements with the respondents bearing Agreement No.7,8 and 9 on 03.02.2023. The respondents have blacklisted the applicant and forfeited the bank guarantee, therefore, the applicant had approached this

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Court at Allahabad by filing Writ C No.20259 of 2023. The writ petition was disposed of by means of the order dated 21.06.2023 with liberty to the petitioner to invoke the remedy as available in law. As per the Agreements entered into between the parties,the remedy is arbitration under Clause 21 of the Agreement. The applicant gave notice dated 07.05.2023 for appointment of arbitrator and thereafter on 28.06.2023 after disposal of the writ petition filed by the petitioner but till date the arbitrator has not been appointed. Therefore the applicant is before this Court and prays for appointment of an independent arbitrator.

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Learned Standing Counsel could not dispute the aforesaid submissions of learned counsel for the applicant. However, he submits that since the parties had entered into 3 separate Agreements and all the Agreements contain separate arbitration clause, therefore, 3 separate applications should have been filed and separate appointments can be made as the claims are separate.

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At this stage, learned counsel for the applicant submits that the application may be dismissed as not pressed with liberty to file fresh in regard to the Agreement No.8 dated 03.02.2023 and Agreement no.9 dated 03.02.2023 with liberty to file fresh separate applications and an independent arbitrator may be appointed in Agreement No.7 dated 03.02.2023. To which there is no objection by learned Standing Counsel.

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This application is dismissed as not pressed in regard to the Agreement No.8 dated 03.02.2023 and Agreement No.9 dated 03.02.2023 entered into between the parties with liberty to file fresh.

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In view of above, since there is dispute between the parties admittedly,which can be resolved through arbitration under the arbitration clause given in the Agreement, therefore, this Court proposes the name of Sri Yogendra Singh II(Retd.Judge), resident of C-744, Mahanagar, Lucknow, Contact No.9415002400 as Arbitrator to settle the dispute between the parties.

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Let the consent and disclosures on the format in Schedule of Sri Yogendra Singh II(Retd.Judge) be obtained by the office in terms of the provisions contained in Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1995 as amended by sending a letter along with copy of this application to him.

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List this case in the week commencing 27.01.2025. "

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In view of above, this Court proposes the name of Sri Yogendra Singh II(Retd.Judge), resident of C-744, Mahanagar, Lucknow, Contact No.9415002400 as Arbitrator to settle the dispute between the parties.

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Let the consent and disclosures on the format in Schedule of Sri Yogendra Singh II(Retd.Judge) be obtained by the office in terms of the provisions contained in Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1995 as amended by sending a letter along with copy of this application to him.

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

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The proposed Arbitrator has sent his consent and disclosures through letters dated 02.02.2025 and 18.02.2025 in accordance with law.

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In view of above, Sri Yogendra Singh II (Retd.Judge), resident of C-744, Mahanagar, Lucknow, Contact No.9415002400 is hereby appointed as an Arbitrator to enter into reference and 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 Sri Yogendra Singh II (Retd.Judge), resident of C-744, Mahanagar, Lucknow, Contact No.9415002400.

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Order Date :- 5.3.2025 Renu/-

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

M/S Konark Polytubes Private Limited Thru. G.M. Anjum Sagheer v. Principal Secretary, Minor Irrigation Dept. and Anr.

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M/S Konark Polytubes Private Limited Thru. G.M. Anjum Sagheer v. Principal Secretary, Minor Irrigation Dept. and Anr.

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