Court No. - 34
Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 52 of 2008
Applicant :- M/S Munindra Nath Upadhyaya & Company
Opposite Party :- State Of U.P. & Others
Counsel for Applicant :- J.H.Khan,Gulrez Khan,W.H.Khan
Counsel for Opposite Party :- A.C. Mishra
Hon'ble Sudhir Agarwal,J.
1. This is an application under Section 11(4) read with Section 14 and 15 of Arbitration
and Conciliation Act, 1996.
2. It is stated at the Bar that in respect to dispute, which was liable to be settled by
arbitration under Arbitration Agreement between the parties, State government appointed
Commissioner, Kanpur Division, Kanpur vide order dated 05.3.1997 as Arbitrator but the
said Arbitrator has declined to decide the dispute vide order dated 07.6.2000 and
therefore, a request has been made that an independent Arbitrator be appointed by this
Court.
3. Today, State Government has filed counter affidavit stating that it has again appointed
Commissioner, Kanpur Division Kanpur as new Arbitrator vide its order dated 19.11.2014
but learned Standing Counsel could not dispute that State Government has lost the right
to appoint Arbitrator having not proceeded to make such appointment within the
prescribed period despite notice given by applicant in this regard.
4. Be that as it may, learned counsel for the parties fairly stated that this Court may
appoint any retired District Judge as a new Arbitrator.
5. In view thereof and with the consent of the parties, I appoint Sri A.K.Malviya, Retired
District Judge, as sole Arbitrator. The applicant is permitted to submit his claim within a
month to the Arbitrator, whereafter Arbitrator shall enter into the arbitration proceedings
and submit award within six months. The remuneration payable by parties to the Arbitrator
would be Rs.15,000/- besides Rs.2,000/- towards expenses, for each effective
sitting/proceeding/hearing. The aforesaid amount of remuneration and expenses shall be
borne equally by both the parties.
6. The application stands disposed of accordingly.
Order Date :- 9.2.2015
KA