AZAD KUMAR BHATI v. MANAGING DIRECTOR NOIDA POWER COMPANY LTD
ARCO/27/2024 · 2026-05-11
Piyush Agrawal
body2024
DailyLaw.ai
[ 2024 DAILYLAW 2999 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 2999 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 27 of 2024 Court No. - 7 HON'BLE PIYUSH AGRAWAL, J. Heard Mr. Suresh Chandra Gupta, counsel for the applicant and Mr. Prakhar Saran Srivastava holding brief of Mr. Imran Syed, counsel for the opposite party. Learned counsel for the opposite party raises a preliminary objection with regard to maintainability of the present arbitration application and submits that agreement filed along with the present arbitration application is forged and fabricated. In support of his submission, learned counsel for the opposite party has relied upon the document filed in the earlier round of litigation i.e. in arbitration application no. 131 of 2023, wherein some different undated agreement was filed and on direction of the court, a supplementary affidavit has been filed bringing on record the signed copy of the agreement. He submits that when both the agreements were compared then the sentence at the bottom of page no. 2 and top of page no. 3 do not make any sense, therefore, the present arbitration application cannot be entertained. On pointed query put to learned counsel for the applicant that agreement filed in support of the present arbitration application is not appearing as genuine, learned counsel for the applicant submits that the papers have been provided by his client / applicant but on the face of the agreement, the same appears to be different from the earlier petition. He further prays for withdrawal of the present arbitration application. Accordingly, the present arbitration application is dismissed as Versus Counsel for Applicant(s) : Suresh Chandra Gupta Counsel for Opposite Party(s) : Imran Syed, Tarun Agrawal Azad Kumar Bhati .....Applicant(s) Managing Director Noida Power Company Ltd .....Opposite Party(s)
withdrawn. It is made clear that no liberty is being granted to the applicant to institute a fresh arbitration application in respect of the agreement in question for appointment of sole arbitration. May 12, 2026 Rahul Dwivedi/- ARCO No. 27 of 2024 2 (Piyush Agrawal,J.) Digitally signed by :- RAHUL DWIVEDI High Court of Judicature at Allahabad