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