Neutral Citation No. - 2023:AHC:176085

Reserved on: 25.8.2023

Delivered on: 6.9.2023

Court No. - 65

Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. -

161 of 2022

Applicant :- V.K. Gupta And Associates

Opposite Party :- Superintending Engineer

Counsel for Applicant :- Satya Prakash,Apoorv Tiwari,Manoj

Kumar Yadav,Raj Kumar Yadav,Sr. Advocate

Counsel for Opposite Party :- C.S.C.

Hon'ble Rajeev Misra,J.

1. Heard Mr. Dinesh Gupta along with Mr. Satya Prakash, the

learned counsel for applicant and the learned Standing Counsel

representing opposite party.

2. Perused the record.

3. This application under Section 11(4) of the Arbitration and

Conciliation Act, 1996 has been filed by applicant for a direction

that an Arbitrator be appointed to fill the vacancy in the Arbitral

Tribunal (comprising of three Arbitrators) which was already

continued by opposite party-1 itself or in the alternative appoint a

sole arbitrator, to resolve the dispute between the parties.

4. Record shows that parties entered into an agreement, vide

Contract Bond No. 08/SE-SRE/2010-11, dated 13.09.2008 for

continuation of a bridge over the Yamuna River at Clause 25.3 of

the General Condition