Neutral Citation No. - 2025:AHC-LKO:16099 Court No. - 5 Case :- CIVIL MISC. ARBITRATION APPLICATION No. - 69 of 2023 Applicant :- M/S Mega Infra Developers, Proprietor, Rajendra Kr. Verma, Thru Attorney Holder Abhishek Srivastava Opposite Party :- City Montessori School, Lko. Thru. Its Ceo Shri Roshan Gandhi Counsel for Applicant :- Pankaj Kumar,Piyush Chandra Agarwal Counsel for Opposite Party :- Manish Vaish,Manish Vaish,Pritish Kumar,Samanvya Dhar Dwivedi Hon'ble Abdul Moin,J. 1. Heard Shri Anand Sharma, Advocate, holding brief of Shri Piyush Chandra Agarwal, learned counsel for the applicant and Shri Abhishek Mishra, Advocate, holding brief of Shri Samanvya Dhar Dwivedi, learned counsel for the respondent. 2. The instant application has been filed praying for appointment of sole arbitrator to decide the dispute between the applicant and respondent arising out of the contract. 3. This Court had passed a detailed order on 09.01.2025, which for the sake of convenience, is reproduced below: "Heard, Shri Pankaj Kumar, learned counsel for the applicant and Shri Samanvya Dhar Dwivedi, 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 in terms of Clause 32 of the agreement entered into between the parties on 11th of February, 2022. There is consensus amongst learned counsel for the parties that the parties have entered into an agreement on 11th of February, 2022 and certain dispute arose between the parties, which can be resolved through Arbitrator under clause 32 of the agreement, therefore the respondent gave a notice for appointment of Arbitrator proposing four names, the same was replied by the applicant without disputing the dispute, but disputing the proposed Arbitrators and proposing separate four names, therefore this application has been filed. Thus the independent Arbitrator may be appointed by this court. In view of above, this Court proposes to appoint Hon'ble Mr.Justice Shashi Kant, Resident of House No.E-802, Saraswati Apartment (Former Judge of this Court), Gomti Nagar Extension, Lucknow, Sector-4, Pin- 226010, Mobile No.8004929799 & 9450094710 as 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 Shashi Kant, Resident of House No.E-802, Saraswati Apartment, Gomti Nagar Extension, Lucknow, Sector-4, Pin-226010, Mobile No.8004929799 & 9450094710, 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 immediately after receipt of reply/consent and disclosures of the proposed Arbitrator." 4. In pursuance thereto the consent of proposed arbitrator had been received. However, the disclosure in terms of Section 11(8) and Section 12(1) of the Arbitration and Conciliation Act, 1996 and Schedule VI and VII as amended by Act 2015 has not been sent. Accordingly, disclosures were required from the proposed arbitrator in pursuance thereof as per the office report dated 29.01.2025 and 21.02.2025. As per office report dated 05.03.2025 consent letter from the proposed arbitrator Hon'ble Mr Justice Shashi Kant (Retd.) has been received. 5. The Court has perused the disclosure and his consent to act as arbitrator. The same is found to be in compliance to the provisions of the Act 1996 and amended Act, 2015. 6. In view of above, Hon'ble Mr. Justice Shashi Kant (Retd.), Resident of House No.E-802, Saraswati Apartment, Gomti Nagar Extension, Lucknow, Sector-4, Pin-226010, Mobile No.8004929799 & 9450094710 is hereby appointed as an Arbitrator to enter into reference and decide the dispute between the parties herein. 7. The application is, accordingly, disposed of. 8. Let a copy of this order be communicated forthwith to Hon'ble Mr. Justice Shashi Kant (Retd.), Resident of House No.E-802, Saraswati Apartment, Gomti Nagar Extension, Lucknow, Sector-4, Pin-226010, Mobile No.8004929799 & 9450094710. Order Date :- 19.3.2025 J. K. Dinkar Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench