Neutral Citation No. - 2025:AHC-LKO:23218 Court No. - 5 Case :- CIVIL MISC. ARBITRATION APPLICATION No. - 18 of 2024 Applicant :- National Fertilizers Limited , Lko. Thru. Its State Manager Opposite Party :- Sanjeet Kumar Counsel for Applicant :- Amresh Bahadur Singh,Anand Kumar Singh Counsel for Opposite Party :- Shailender Singh,Ankit Tiwari,Varun Kumar Mishra Hon'ble Abdul Moin,J. 1. Heard Shri Shivendra Singh, learned counsel appearing on behalf of the applicant and Shri Shailendra Singh, learned counsel appearing for the opposite party. 2. This is an application under Section - 11(6) of Arbitration and Conciliation Act, 1996 for appointment of arbitrator. 3. After hearing the parties concerned, this Court had passed a detailed order 05.03.2025 which for the sake of convenience is reproduced below: "Heard Sri Shivendra Singh, learned counsel for the applicant and Sri Shailendra Singh, learned counsel for the respondent. This is an application under Section 11 (4) of the Arbitration and Conciliation Act, 1996 for appointment of Arbitrator for resolution of dispute arising out of contract with respondent no.1 in terms of Clause 17 of the agreement entered into between the parties. This Court had passed the following order on 06.03.2024. "Shri Shivendra Singh, learned counsel for the applicant submits that on account of breach of the agreement entered into between the applicant and the respondent the applicant invoking clause 17 of the agreement dated 01.04.2018 sent a notice on 08.01.2024 for appointment of Arbitrator and the same has been replied denying the allegations, however the Arbitration clause has not been denied, but no consent has been given for appointment of the proposed Arbitrator. Therefore the applicant has approached this court. Issue notice returnable at an early date. Steps to be taken within a week. List on the date fixed in the notice." Though an objection to the application has been filed, but learned counsel for the respondent submits that there is dispute between the parties, which can be adjudicated through arbitration in terms of the agreement, therefore, an independent Arbitrator may be appointed by this Court. In view of above, with the consent of the learned counsel for the parties, this Court proposes to appoint Hon'ble Mr. Justice Shabihul Hasnain (Former Judge of this Court), R/o 701, Rolex Estate, Kamta Faizabad Road, Lucknow U.P., Mobile No.9415109460 as an Arbitrator to settle the dispute between the parties. Let a copy of the pleadings on record alongwith the relevant provisions of the amending Act 2015 be sent to Hon'ble Mr. Justice Shabihul Hasnain (Former Judge of this Court), R/o 701, Rolex Estate, Kamta Faizabad Road, Lucknow U.P., Mobile No.9415109460 for eliciting his disclosure in terms of Section 11(8) read with Section 12(1) of the Act, 1996 and Schedule VI and VII as amended by Act 2015, in proforma appended thereto, as also his consent for appointment as an Arbitrator for resolving the dispute. Learned counsel for the applicant shall supply an additional copy of the application to the office for the said purpose within a week. List after receipt of reply/consent and disclosures of the proposed Arbitrator." 4. From a perusal of the aforesaid order, it emerges that this Court had found that there is a dispute between the parties which can be adjudicated through arbitration in terms of the agreement which, thus, requires an independent arbitrator to be appointed by the Court. 5. Accordingly, the Court with the consent of learned counsels for the parties had proposed to appoint Mr. Justice Shabihul Hasnain (Former Judge of this Court) as an arbitrator to settle the dispute between the parties and His Lordships disclosure in terms of Section 11(8) read with Section 12(1) of the Act, 1996 and Schedule VI and VII as amended by Act 2015 was required. 6. In terms of the office letter dated 16.04.2025, His Lordship's disclosure, as indicated above, along with the experience has been received. 7. Considering the aforesaid, the Court appoints Hon'ble Mr. Justice Shabihul Hasnain (Former Judge of this Court), R/o 701, Rolex Estate, Kamta Faizabad Road, Lucknow U.P., Mobile No.9415109460 as an arbitrator. 8. Fees would be as per rules. 9. The application stands disposed of accordingly. Order Date :- 22.4.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench