M/S Konark Polytubes Pvt. Ltd. Thru General Manager Anjum Sageer Vs Prin.Secy. Minor Irrigation Deptt. Lko and Anr.

Neutral Citation No. - 2025:AHC-LKO:13461

Court No. - 4

Case :- CIVIL MISC. ARBITRATION APPLICATION No. - 97 of 2023

Applicant :- M/S Konark Polytubes Pvt. Ltd. Thru General Manager Anjum Sageer Opposite Party :- Prin.Secy. Minor Irrigation Deptt. Lko And Anr. Counsel for Applicant :- Krishan Kanhaya Pal,Pooja Pal,Sardar Alok Singh Counsel for Opposite Party :- C.S.C.

¶5

Hon'ble Rajnish Kumar,J.

¶6

Heard.

¶7

This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of Arbitrator.

¶8

This Court had passed the following order on 27.01.2025 and proposed the name of Sri Yogendra Singh II (Retd.Judge), resident of C-744, Mahanagar, Lucknow, Contact No.9415002400 as proposed Arbitrator:-

¶9

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

¶10

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

¶11

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 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.

¶12

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.

¶13

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.

¶14

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.

¶15

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.

¶16

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.

¶17

List this case in the week commencing 27.01.2025."

¶18

The proposed Arbitrator has sent his consent and disclosures through letters dated 20.01.2025 and 25.02.2025 in accordance with law.

¶19

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.

¶20

The application is, accordingly, disposed of .

¶21

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.

¶22

Order Date :- 5.3.2025 Renu/-

¶23

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

M/S Konark Polytubes Pvt. Ltd. Thru General Manager Anjum Sageer v. Prin.Secy. Minor Irrigation Deptt. Lko and Anr.

Case brief

What is this about?

What did the court decide?

M/S Konark Polytubes Pvt. Ltd. Thru General Manager Anjum Sageer v. Prin.Secy. Minor Irrigation Deptt. Lko and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Parshuram Pandey Vs Smt. Rita Srivastava and Ors.

Najima Vs Union of India Thru. General Manager Northern Railway Baroda House New Delhi

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

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

Kaushal Bajpai Vs Mst. Ram Kali and Ors.

Sarita Saroj vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another