M/s Safety Controls and Devices Ltd. through Authorized Reoresentative Shri Prakash Chandra Joshi v. Constriction and Design Services, Jal Nigam (Nagariya) Lucknow, thru. Director and 4 Others
ARBT/61/2025 · 2025-11-13
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 180919 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 180919 (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. - 61 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Utsav Mishra, the learned counsel for the petitioner and Shri Vijay Kumar, Advocate holding brief of Shri I.P. Singh, the learned counsel for the respondent. 2. This Court has passed the following order on 28.10.2025:-
"1. Heard Sri J.N. Mathur, learned Senior Advocate assisted by Sri Gaurav Mehrotra and Sri Utsav Mishra, the learned counsel for the petitioners, Sri I.P. Singh, the learned counsel for the opposite parties. 2. This is an application seeking appointment of substitute Arbitrator under Section 11(4) and 11(6) read with Section 15(2) of Arbitration and Conciliation Act, 1996 to adjudicate upon the dispute between the parties relating to an agreement dated 15.03.2022 for construction of Homeopathic University and Hospital in Varanasi. 3. Earlier Hon'ble Mr. Justice Faiz Alam Khan (Former Judge of this Court) was appointed as Arbitrator by means of an order dated 10.03.2025, passed by this court in Civil Misc. Arbitration Application No.112 of 2024. However, the Arbitrator has terminated the proceedings by means of an order dated 16.05.2025 on the ground that he has been appointed as a Judicial Member, National Company Law Appellate Tribunal. Thereafter, the present application has been filed. 4. Sri I.P. Singh, the learned counsel for the opposite parties has no objection to the application. 5. In view of the aforesaid facts and circumstances of this case, this court proposes the name of Hon'ble Mr. Justice Rakesh Srivastava (Former Judge of this Court), Resident of House No.3/484, Vishal Khand, Gomti Nagar, Lucknow, Contact Versus Counsel for Applicant(s) : Utsav Mishra, Gaurav Mehrotra, Pritish Kumar Counsel for Opposite Party(s) : Rishabh Kapoor, I.P. Singh (Indra Pal Singh) M/S Safety Controls And Devices Ltd. Through Authorized Reoresentative Shri Prakash Chandra Joshi .....Applicant(s) Constriction And Design Services, Jal Nigam (Nagariya) Lucknow, Thru. Director And 4 Others .....Opposite Party(s)
No.9450619440 to act as an Arbitrator in the present case to settle the dispute between the parties. 6. Let the disclosures on the format and consent of Hon'ble Mr. Rakesh Srivastava (Former Judge of this Court) be obtained by the office in terms of the provisions contained in Section 11(8) read with Section 12(1) and IInd Schedule of the Arbitration and Conciliation Act, 1995 by sending a letter along with copy of this application to him.
7. 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
10.11.2025. 4. Accordingly, the application under Section 11(6) of the Arbitration and Conciliation Act, 1996 is allowed. Shri Rakesh Srivastava (Former Judge of this Court), Resident of House No.3/484, Vishal Khand, Gomti Nagar, Lucknow, Contact No.9450619440 is hereby appointed as an Arbitrator to adjudicate upon the disputes between the parties arising out of a contract dated 15.03.2022 between the parties. 5. The office is directed to communicate this order to the Arbitrator Shri Rakesh Srivastava (Former Judge of this Court). November 13, 2025 -Amit K- ARBT No. 61 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench