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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