The Court appointed Shri Manvendra Singh as the arbitrator in an application under Section 11(4) of the Arbitration and Conciliation Act, 1996, following the applicant's notice and the lack of response from the respondent.
Appointed Shri Manvendra Singh as an Arbitrator to resolve the dispute between the parties.
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Court No. - 4
Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 3 of 2023
Applicant :- Sheela Shukla Opposite Party :- U.P. State Road Transport Corporation, Thru. M.D. And 3 Others Counsel for Applicant :- Avinash Chandra Counsel for Opposite Party :- Ratnesh Chandra
Hon'ble Rajnish Kumar,J.
Heard.
This Court passed the following order on 17.12.2024:-
"Heard, Shri Avinash Chandra, learned counsel for the applicant and Shri Ratnesh Chandra, learned counsel for the respondents.
Learned counsel for the applicant submits that the parties have entered into an agreement on 28.07.2022. The respondents raised an illegal demand and cancelled the agreement, therefore, the applicant gave a notice for appointment of an arbitrator in terms of clause 47 of agreement for resolution of the dispute but no reply to the same was given. Therefore, the applicant is before this Court and submits that an independent Arbitrator may be appointed.
Learned counsel for the appellant could not dispute the submissions made by learned counsel for the applicant.
In view of above, this Court proposes to appoint Shri Manvendra Singh (Retired Senior Registrar), Resident of House No.6/23, Vineet Khand, Gomti Nagar, Lucknow, U.P., Mb. No.9458649321 as an Arbitrator to settle the dispute between the parties.
Let a copy of the pleadings on record alongwith the relevant provisions of the amending Act 2015 be sent to Shri Manvendra Singh (Retired Senior Registrar), Resident of House No.6/23, Vineet Khand, Gomti Nagar, Lucknow, U.P., Mb. No.9458649321, 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, appended thereto, as also his consent for appointment as an Arbitrator for resolving the dispute.
Learned counsel for the applicant shall supply an additional copy of the application to the office for the said purpose within a week.
List after receipt of reply/consent."
In pursuance of the aforesaid order,Shri Manvendra Singh (Retired Senior Registrar) has furnished the disclosure and accorded his consent in accordance with law to be an Arbitrator vide letter dated 14.01.2025.
In view of above, Shri Manvendra Singh (Retired Senior Registrar), Resident of House No.6/23, Vineet Khand, Gomti Nagar, Lucknow, U.P., Mb. No.9458649321 is appointed as an Arbitrator to arbitrate with regard to the dispute between the parties herein.
The application is disposed of accordingly.
Office is directed to communicate a copy of this order to Shri Manvendra Singh (Retired Senior Registrar), forthwith.
Order Date :- 10.2.2025 Akanksha Sri/-
Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the Court may appoint an arbitrator after the applicant gives notice and the respondent fails to reply.
3 provisions across 1 enactments
Sheela Shukla
U.P. State Road Transport Corporation
Rajnish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
