M/s A.K. Bajpai, through Shri Arvind Kumar Bajpai vs Union of India, through General Manager, Northern Railway, New Delhi and Another

Court No. - 4

Case :- CIVIL MISC. ARBITRATION APPLICATION No. - 45 of 2024

Applicant :- M/S A.K. Bajpai, Through Shri Arvind Kumar Bajpai Opposite Party :- Union Of India, Through General Manager, Northern Railway, New Delhi And Another Counsel for Applicant :- Pritish Kumar,Shikhar Mishra Counsel for Opposite Party :- Varun Pandey

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Hon'ble Rajnish Kumar,J.

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Heard, Shri Aizaz Khan, Advocate holding brief of Shri Pritish Kumar, learned counsel for the applicant and Shri S.B.Pandey, learned Deputy Solicitor General of India assisted by Shri Varun Pandey, learned counsel for the respondent.

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This court had passed the following order on 30.05.2024:-

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"Heard learned counsel for the petitioner.

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

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The submission of the learned counsel for the petitioner is that the petitioner was granted a contract on 18.06.2018 for the purposes of building a bridge and allied work. The agreement contained an arbitration clause and in pursuance whereof in case of claims exceeding Rs.25.00 lakhs, a tribunal of three Arbitrators is envisaged.

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The submission of the learned counsel for the petitioner is that there are certain claims relating to variation in the work done and payment of final bills, refund/release of bank guarantees, security deposit and the earnest money. The aforesaid disputes were escalated and placed before the authorities concerned, however, no decision was taken. Thereafter, the petitioner by means of its notice dated 09.10.2023 invoked the arbitration clause, however, there was no response to the same rather the respondentsauthorities by means of their letter dated 06.12.2023 taking note of the provisions of the Act refused to participate in formation of an independent arbitral Tribunal.

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The submission of the learned counsel for the petitioner is that as per the amendment in the Act in the year 2015, it was no more open for the respondents to have appointed an arbitrator on its own belonging to the Department and in such circumstances, the petitioner has approached this Court.

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The matter requires consideration.

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Let notice be issued to the respondents returnable at an early date. Learned counsel for the petitioner shall take steps within a week from today.

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List this matter on 15.07.2024."

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Learned counsel for the applicant submits that despite sufficient time granted by this court no objection has been filed. However the dispute between the parties has not been disputed in the letter dated 06.12.2023 by the respondents. Therefore an

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independent Arbitrator may be appointed for deciding the dispute.

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Learned counsel for the respondents could not dispute the aforesaid submissions of learned counsel for the applicant.

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In view of above admittedly there is dispute between the parties which can be resolved in terms of the agreement between the parties and in view of letter dated 06.12.2023 the sole independent Arbitrator can be appointed in the matter for adjudication in terms of agreement between the parties, for which there is no objection by either of the parties.

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In view of above, this court proposes to appoint Hon'ble Mr.Justice Narendra Kumar Jauhari, Former Judge of this Court, Resident of Flat No.12A-04/05, A-4, Daffordil Tower, MI Central Retreat, Arjun Ganj, Sultanpur Road, Lucknow226010, Mobile No.9873380878 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 Hon'ble Mr.Justice Narendra Kumar Jauhari, Former Judge of this Court, Resident of Flat No.12A-04/05, A-4, Daffordil Tower, MI Central Retreat, Arjun Ganj, Sultanpur Road, Lucknow226010, Mobile No.9873380878, 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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Learned counsel for the applicant shall supply an additional copy of the application to the office for the said purpose within a week.

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List immediately after receipt of reply/consent and disclosures of the proposed Arbitrator.

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............................................. (Rajnish Kumar,J.) Order Date :- 14.2.2025 Banswar

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

M/s A.K. Bajpai, through Shri Arvind Kumar Bajpai v. Union of India, through General Manager, Northern Railway, New Delhi and Another

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M/s A.K. Bajpai, through Shri Arvind Kumar Bajpai v. Union of India, through General Manager, Northern Railway, New Delhi and Another

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