HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CIVIL MISC. ARBITRATION APPLICATION No. - 101 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Devashish Bhatt, the learned counsel for the petitioner and Shri Puneet Chandra, the learned counsel for U.P. Power Transmission Corporation Ltd. 2. The instant petition has been filed under Section 11(6) of the Arbitration and Conciliation Act seeking appointment of an arbitrator for deciding certain disputes between the parties. 3. Shri Puneet Chandra has raised two-fold preliminary objections, first, the signatory to the agreement is the Superintendent Engineer of U.P. Power Transmission Corporation Ltd. and he has not been arrayed as opposite party to this petition. His second objection is that the arbitration clause contemplates giving a notice to the Chairman of the Corporation. The petitioner has given a notice to the Managing Director of the Corporation and not to the Chairman. 4. Learned counsel for the petitioner could not give any reply to the first objection raised by the learned counsel for the respondents and regarding the second objection, the learned counsel for the petitioner has submitted that the respondent had given a reply to the notice addressed to the Managing Director of the Corporation wherein this objection had not been raised. 5. Non-raising of objection in the reply to the notice addressed to the an inappropriate authority would not create any estoppel against the Versus Counsel for Applicant(s) : Devashish Bhatt Counsel for Opposite Party(s) : Puneet Chandra Bgr Energy Systems Ltd Th. Auth Repres.Mr. R.T. Selvam .....Applicant(s) Uttar Pradesh Power Transmission Corp. Limited Thru. M.D. .....Opposite Party(s) respondent barring him from raising this plea before this Court. 6. Accordingly, this Court finds force in both the aforesaid preliminary objections raised by the learned counsel for the respondent. 7. Accordingly, the petition being defective is dismissed. Liberty is granted to the petitioner to file a fresh notice under Section 11 of the Arbitration and Conciliation Act to the Chairman, U.P. Power Transmission Corporation Ltd. and to proceed accordingly. November 3, 2025 -Amit K- ARBT No. 101 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench