M/S GOMTI CONSTRUCTIONS THROUGH PROPRIETOR AKBAR ALI KHAN v. RAJBAHA JAL UPBHOGTA SAMITI, RAMGANJ RAJBAHA, IRRIGATION DEPTT. SULTANPUR THRU. PRESIDENT, AND ANR.
ARBT/89/2023 · 2025-04-22
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169454 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169454 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:23207 Court No. - 5 Case :- CIVIL MISC. ARBITRATION APPLICATION No. - 89 of 2023 Applicant :- M/S Gomti Constructions Through Proprietor Akbar Ali Khan Opposite Party :- Rajbaha Jal Upbhogta Samiti, Ramganj Rajbaha, Irrigation Deptt. Sultanpur Thru. President, And Anr. Counsel for Applicant :- Aviral Raj Singh,Mirza Shariq Aziz,Ritwick Rai Counsel for Opposite Party :- Mohd. Yasir,Mohd.Zaid Khan Hon'ble Abdul Moin,J.
1. Heard.
2. This Court, vide order dated 11.03.2025, had proposed the name of Sri Hari Mangal Singh, retired learned District Judge as per the details given in the said order to act as an arbitrator to settle the dispute between the parties. The disclosure on format under the schedule in terms of Section 11 (8) read with Section 12 (1) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "Act, 1996") and Schedule VI and VII as amended by Act, 2015 was also required to be submitted by the proposed arbitrator.
3. As per office report dated 19.03.2025 though the disclosure has been received yet in terms of VI Schedule of the Act, 1996, the prior experience (including experience with arbitration) of the proposed arbitrator has not been indicated.
4. Noticing the aforesaid, this Court, vide order dated 07.04.2025, had required a letter to be sent to Shri Hari Mangal Singh, retired learned District Judge to submit the details as given in the order dated 11.03.2025.
5. In pursuance thereof, vide office report dated 16.04.2025, it has been indicated that a consent letter of the proposed arbitrator has been received.
6. The letter of the proposed arbitrator has been perused. In paragraph 2 of his letter, the experience has been indicated by the proposed arbitrator.
7. Accordingly, considering the disclosure as has been made by the proposed arbitrator, 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, this Court hereby appoint Shri Hari Mangal Singh, retired learned District Judge, House No.20- Vinay Enclave, Near Indian Bank and S.D.S.N. Public School, Chhota Bharwara, Gomti Nagar Extension, Lucknow 226028, as the 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