Dismissed

J.P. Construction and Suppliers, through its Proprietor namely Jyoti Prakash v. The Managing Director, Uttar Pradesh Project Corporation Ltd. and Another

Allahabad HC10 Jul 2025ARBT/11/2023

Case brief

AI extract

What is this about?

The High Court dismissed an arbitration application for appointment of a sole arbitrator because the applicant failed to satisfy the pre-condition of attempting amicable settlement as stipulated in the arbitration clause of their agreement dated May 20, 2021.

What did the court decide?

Application dismissed with liberty to the applicant to appropriately invoke the arbitration clause and approach the Court if the matter is not settled amicably.

J.P. Construction and Suppliers, through its Proprietor namely… — Arbitration | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:39610

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Court No. - 8

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Case :- CIVIL MISC. ARBITRATION APPLICATION No. - 11 of 2023

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Applicant :- J.P. Construction And Suppliers, Through Its Proprietor Namely Jyoti Prakash Opposite Party :- The Managing Director, Uttar Pradesh Project Corporation Ltd. And Another Counsel for Applicant :- Mohd. Nafees Counsel for Opposite Party :- I.M. Pandey Ist

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioner and Sri I.M. Pandey, learned counsel for the respondents.

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The instant petition has been preferred under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of a sole Arbitrator.

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The record indicates that an agreement was entered between the petitioner and the respondents dated 20th May, 2021.

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The said agreement also contained an arbitration clause. Clause 47 which relates to arbitration indicates that in case of any disputes, the parties will first settle the same amicably and for the said purpose, the party raising the dispute was required to address the other party calling upon for an amicable settlement within a period of ten days from the day, when the dispute first arose.

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In case if the said dispute could not be resolved within a period of 30 days only then the party had a right of referring the matter to the sole Arbitrator.

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In the instant case, this Court finds that there is no material on record to indicate that there is no material on record to indicate that upon the occurrence of the dispute, the petitioner ever approached the respondent for referring the matter for amicable settlement. Since the clause of arbitration is a default clause which only triggers once the amicable settlement fails and in the instant case that situation has not arisen, accordingly, this Court is not inclined to entertain the present petition which at this stage is dismissed with liberty to the petitioner to invoke the arbitration clause appropriately in case if the matter is not settled, he shall be at liberty of approaching the Court.

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Order Date :- 10.7.2025/Asheesh/-

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

J.P. Construction and Suppliers, through its Proprietor namely Jyoti Prakash v. The Managing Director, Uttar Pradesh Project Corporation Ltd. and Another

Case brief

What is this about?

What did the court decide?

J.P. Construction and Suppliers, through its Proprietor namely Jyoti Prakash v. The Managing Director, Uttar Pradesh Project Corporation Ltd. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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