M/S Data Technosys (Engineers) Pvt. Ltd. Thru Director Devan Daljit Chopra Vs U.P. Rajkiya Nirman Nigam Ltd. Thru Its M.D. and Ors.

Neutral Citation No. - 2025:AHC-LKO:8747

Court No. - 4

Case :- CIVIL MISC. ARBITRATION APPLICATION No. - 67 of 2023

Applicant :- M/S Data Technosys (Engineers) Pvt. Ltd. Thru Director Devan Daljit Chopra Opposite Party :- U.P. Rajkiya Nirman Nigam Ltd. Thru Its M.D. And Ors.

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Counsel for Applicant :- Shireesh Kumar,Mohammed Mustafa Khan,Utkarsh Kumar Counsel for Opposite Party :- Shishir Jain

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Hon'ble Rajnish Kumar,J.

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This Court passed following order on 26.10.2024:

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"Heard Sri Mustafa Khan, learned counsel for the petitioner and Sri Shishir Jain, 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 the sole Arbitrator.

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The learned counsel for the petitioner submits that an agreement was entered between the parties on 05th May, 2015, a copy of which has been brought on record as Annexure No. 5. In the said agreement, clause 12 contained an arbitration clause. The said clause provides that in case of any disputes between the parties, they shall attempt to get the same resolved through amicable settlement, however, in case if it is not so resolved, the parties would have a right to invoke the arbitration clause which was to be governed by the Act of 1996.

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It is further submitted that on 01.12.2021, the petitioner had sent a notice seeking amicable settlement of the disputes, however, despite service the same was not taken forward, as a result, there was a deadlock, subsequently, by means of notice dated 31st March, 2022, the petitioner invoked the arbitration clause, however, thought the notice was served yet no effort was made to constitute an Arbitral Tribunal with consensus. It is in the aforesaid backdrop that the petitioner has approached this Court under Section 11(6) of the Arbitration and Conciliation Act, 1996.

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The record indicates that by means of order dated 03.10.2023, the respondent was granted time to file objections.

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Today, Sri Shishir Jain, learned counsel appearing for the respondent submits that there are subsisting disputes between the parties as well as the fact that the parties could not arrive at settlement for appointing a sole Arbitrator.

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Having heard the learned counsel for the parties and from perusal of the material on record, the undisputed facts are that there is an agreement

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between the parties dated 05th May, 2015 which contains an arbitration clause. The petitioner in terms of the said clause had first invoked the good offices of the respondents to get the matter resolved, however, the same did not bear any fruits, accordingly, the petitioner invoked the arbitration clause by means of his notice dated 31.03.2023 and the parties have been unable to get a sole Arbitrator appointed by consensus.

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In view of the aforesaid, since the disputes are pending between the parties which require adjudication through the Arbitration, accordingly, this Court finds that this is a fit case for appointment of an Arbitrator and the Court proposes the name of Mr. K.K. Sharma, (Retd. District Judge), R/o A-409, GC Empire Estate, Mall Avenue, Lucknow, Mobile No. 7060532700 to act as an arbitrator.

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Learned counsel for the petitioner shall provide a complete paper book to the office of this Court which shall be forwarded to the proposed arbitrator to seek his consent in terms of Section 12 (1) of the Act of 1996.

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Lit this matter again on 04th December, 2023 for further orders."

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In deference to the aforesaid order, the proposed Arbitrator has sent his consent and disclosure in accordance with law through letter dated 16/20.01.2025.

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In view of above, Mr. K.K. Sharma, (Retd. District Judge), R/o A-409, GC Empire Estate, Mall Avenue, Lucknow, Mobile No. 7060532700 is hereby appointed as an Arbitrator to enter into reference and adjudicate

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Accordingly, the instant application is disposed of .

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(Rajnish Kumar,J.) Order Date :- 11.2.2025 Anupam S/-

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Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench

M/S Data Technosys (Engineers) Pvt. Ltd. Thru Director Devan Daljit Chopra v. U.P. Rajkiya Nirman Nigam Ltd. Thru Its M.D. and Ors.

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M/S Data Technosys (Engineers) Pvt. Ltd. Thru Director Devan Daljit Chopra v. U.P. Rajkiya Nirman Nigam Ltd. Thru Its M.D. and Ors.

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