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  • Section 11(4) read with Section 14 and 15 of Arbitration and Conciliation Act, 1996.
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  • Section 11(4) read with Section 14 and 15 of Arbitration and Conciliation Act, 1996.
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    M/S Munindra Nath Upadhyaya & Company v. State Of U.P. & Others

    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

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    M/S Munindra Nath Upadhyaya & Company v. State Of U.P. & Others
    (Feb 9, 2015)