Living Concept, through its Partner Arjun Kumar Gupta v. United India Insurance Company Limited, through Branch Manager, Kanpur Nagar, and Another
ARBT/67/2025 · 2025-10-29
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 176498 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176498 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CIVIL MISC. ARBITRATION APPLICATION No. - 67 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Dhruv Kumar, learned counsel for the applicant and Shri Manish Pandey, Advocate, who appears for the opposite parties no.1 and 2. 2. On 16.09.2025 this court had passed the following order:
"1. Heard Shri Dhruv Kumar, learned counsel for the applicant and Shri Manish Pandey, Advocate, who appears for the opposite parties no.1 and 2. 2. This application has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of sole independent Arbitrator. 3. In terms of the assertion made in the application, it was stated that a policy was issued by the opposite party to the applicant and, subsequently, on account of a fire, a claim was made. It has been stated an arbitration clause (Clause 13) exists in the policy concerned, and there is no denial of the fact that the agreement contains an arbitration clause. 4. Learned counsel for the respondent states that the claim is barred by limitation. 5. Considering the fact that the arbitration clause is contained, all Versus Counsel for Applicant(s) : Dhruv Kumar Counsel for Opposite Party(s) : Maneesh Pandey Living Concept, Through Its Partner Arjun Kumar Gupta .....Applicant(s) United India Insurance Company Limited, Through Branch Manager, Kanpur Nagar, And Another .....Opposite Party(s)
the other issues including the issues of limitation can be raised before the Arbitrator to be considered in accordance with law. 6. In view thereof, there is dispute between the parties in terms of the agreement between the parties, which can be adjudicated in arbitration under the aforesaid clause. Accordingly, this Court proposes to appoint Hon'ble Mr. Justice Kawaljeet Singh Rakhra (Retired Judge of this Court), resident of 2/146 M, Vishesh Khand, Gomti Nagar, Lucknow, Contact No. 9415215968 as Arbitrator to settle the dispute between the parties. 7. Let a copy of the pleadings on record alongwith the relevant provisions of the amending Act 2015 be sent to Hon'ble Mr. Justice Kawaljeet Singh Rakhra (Retired Judge of this Court), 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, appended thereto, as also his consent for appointment as an Arbitrator for resolving the dispute. 8.
List this case immediately after receipt of consent of the proposed arbitrator."
3. The proposed Arbitrator has signified his consent to act as an Arbitrator for adjudication of disputes between the parties through letter dated 16.10.2025. 4. Accordingly, the application under Section 11(6) of the Arbitration and Conciliation Act, 1996 is allowed. Hon'ble Mr. Justice Kawaljeet Singh Rakhra (Retired Judge of this Court), resident of 2/146 M, Vishesh Khand, Gomti Nagar, Lucknow, Contact No. 9415215968 is hereby appointed as an Arbitrator to adjudicate upon the disputes between the parties. 5. The office is directed to communicate this order to the Arbitrator Hon'ble Mr. Justice Kawaljeet Singh Rakhra (Retired Judge of this Court). October 29, 2025 Ram. ARBT No. 67 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench