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Allahabad High Court · body

2025 DAILYLAW 150433 (ALL)

U.P. AWAS EVAM VIKAS PARISHAD THRU. HOUSING COMMISSIONER AND ANOTHER v. BASERA CITY DEVELOPERS PRIVATE LTD. THRU. DIRECTOR SRI ANUPAM PRAKASH PANDEY

A227/4057/2025 · 2025-07-16

Pankaj Bhatia

body2025

Judgment text

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Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4057 of 2025 Petitioner :- U.P. Awas Evam Vikas Parishad Thru. Housing Commissioner And Another Respondent :- Basera City Developers Private Ltd. Thru. Director Sri Anupam Prakash Pandey Counsel for Petitioner :- Puneet Chandra Hon'ble Pankaj Bhatia,J. 1.Sri Awadhesh Kumar Panday along with Sri Sureshth Srivastava, Ms. Anjali Singh and Ms. Radhika Varma has filed his Vakalatnama on behalf of respondents. The same is taken on record. 2. Heard Sri Puneet Chanda, learned counsel for the petitioner as well as Sri Sureshth Srivastava assisted by Ms. Anjali Singh and Ms. Radhika Varma, learned counsel for the respondents. 3. The present petition has been filed under Article 227 of the Constitution of India challenging the order dated 07.06.2025 passed by the sole arbitrator, appointed in pursuance to a order passed by this Court. Before the Arbitrator, an application was moved seeking amendment of the written statement by including a ground that there was no arbitration clause. The same amendment was rejected by the learned Arbitrator observing that the High Court had appointed the Arbitrator in exercise of power under Section 11 of the Arbitration and Conciliation Act, 1996 and thus the same issue could not have been raised again. 4. Without going to the merits of the order, no error, which stares on the face of the order is evident warranting interference under Article 227 of the Constitution of India. The petition is disposed of observing that the petitioners would be entitled to raise all the grounds when the award is finally passed at the time of filing the objections under Section 34 including challenge to the impugned order dated 07.06.2025. Order Date :- 16.7.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench