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2023 Supreme(Online)(ALL) 14616

ALLAHABAD HIGH COURT
JYOTI CNC AUTOMATION LIMITED, THROUGH ITS AUTHORIZED REPRESENTATIVE SHRI PRAVEEN VYAS – Appellant
Versus
UNION OF INDIA THROUGH, GENERAL MANAGER ORDNANCE FACTORY, KANPUR – Respondent
ARCO/133/2022



HIGH COURT OF JUDICATURE AT ALLAHABAD

***

ORDER

1. The prayer made in the arbitration application filed under Section

11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred

to as 'the Act'), is for appointment of an Arbitrator for resolution of

dispute arising between the parties.

2. The agreement dated July 9, 2016, which is for supply of CNC

Horizontal Machining Center, Model MX 12MT, and the clause therein

for resolution of dispute between the parties are not in dispute.

3. Learned counsel for the respondent fairly submitted that this

Court may appoint an Arbitrator for resolution of dispute between the

parties.

4. Learned counsel for both the parties are in agreement that

Hon'ble Mr. Justice Arvind Kumar Tripathi, a retired judge of this Court,

be appointed as Arbitrator for resolution of the dispute between the

parties.

5. Accordingly, this Court appoints Hon'ble Mr. Justice Arvind

Kumar Tripathi, a retired judge of this Court as Arbitrator, subject to His

Lordship's consent in terms of provisions contained in Section 11(8)

Chief Justice's Court

Serial No. 3016

ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 133 of 2022

Through :- Mr. Abhishek Sharma, Advocate

v/s

Through :-

Mr. Navaneet Chandra Tripathi, Advocate

CORAM : HON'BLE RAJESH BINDAL, CHIEF JUSTICE

Jyoti CNC Automation Limited

.....Applicant

Union of India through General Manager,

Ordnance Factory, Kanpur

...Opposite Party

read with Section 12(1) of the Act. His Lordship's address is AD-6,

Ekanki Kunj Colony, Muir Road, Rajapur, Prayagraj-211001, Landline

number is 0532-2624025, mobile numbers are 9415253690 and

9793367866 and e-mail is "ktripathi.arvind@gmail.com".

6. The matter is referred to the Arbitrator for resolution of the

dispute between the parties. The Arbitrator shall be paid fees as per the

schedule attached to the Act.

7. The present application is disposed of.

8. In case, the Arbitrator recuses, the matter shall be listed before

the Court itself for further orders.

Allahabad

24.01.2023

Manish Himwan/Ved

Whether the order is speaking :

Yes

Whether the order is reportable : Yes/No

2 ARCO No. 133 of 2022

(Rajesh Bindal)

Chief Justice

Digitally signed by :-

MANISH HIMWAN

High Court of Judicature at Allahabad

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