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2025 DAILYLAW 181256 (ALL)

M/S Biogenetic Drugs Pvt. Ltd. THRU. AUTHORIZED REPRESENTATIVE SHIVAM GARG v. U.P. Medical Supplies Corporation Limited THRU. M.D. AND ANR.

ARBT/51/2023 · 2025-11-06

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CIVIL MISC. ARBITRATION APPLICATION No. - 51 of 2023 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Ms. Aprajita Bansal, learned counsel for the applicant and Ms. Prachi Arya, Advocate holding brief of Sri Abhinav Trivedi, learned counsel for the opposite party no. 2. 2. On 10.09.2025, this Court had passed the following order: "Heard learned counsel for the parties. In furtherance of the order passed by this Court on 08.09.2025 the other two arbitration applications No.52 and 54 of 2023 are also listed before this Court. The record of all the three arbitration applications indicate that the nature of dispute is the same between the same parties. The record further indicates that in all the three arbitration applications an Arbitrator has been proposed by the Court but before the consent could be received the arbitration applications were dismissed for want of prosecution. As far as the arbitration applications no.51 of 2023 is concerned, the same was restored by this Court vide order dated 08.09.2025. The connected arbitration application No.51 of 2023 and 54 of 2023 is concerned, application for condonation of delay and recall are pending. Versus Counsel for Applicant(s) : Sudhanshu S. Tripathi, Akanksha Bajpayee, Anilesh Tewari, Aprajita Bansal, Surabhi Rawat Counsel for Opposite Party(s) : Abhinav Trivedi M/S Biogenetic Drugs Pvt. Ltd. Thru. Authorized Representative Shivam Garg .....Applicant(s) U.P. Medical Supplies Corporation Limited Thru. M.D. And Anr. .....Opposite Party(s) The Court has considered the said applications and the ground found is sufficient. Accordingly, the arbitration applications no.52 and 54 of 2023 are restored to its original number. Since a Co-ordinate Bench of this Court vide its order dated 11.03.2025 had already found that the matter was fit to be referred for arbitration and have proposed the name but the consent could not be received, accordingly this Court proposes a fresh name of Hon'ble Mr. Justice K. L. Sharma, Former Judge of this Court, R/o 2/45, Vipul Khand, Gomti Nagar, Lucknow-226010 (U.P.), Mobile No.9415560824, to act as an Arbitration. Learned counsel for the petitioner shall submits the entire paper book with the office of this Court within a week from today which shall be forwarded to the proposed Arbitrator for seeking the consent of the proposed Arbitrator in terms of section 12(5) of the Act, 1996. List this matter on 16th of October, 2025 for further orders." 3. Hon'ble Mr. Justice K. L. Sharma, Retired Judge of this Court has notified his consent to act as an Arbitrator for adjudication of disputes between the parties through letter dated 30.10.2025. 4. Accordingly, the application under Section 11(6) of the Arbitration and Conciliation Act, 1996 is allowed. Hon'ble Mr. Justice K. L. Sharma, Former Judge of Allahabad High Court resident of R/o 2/45, Vipul Khand, Gomti Nagar, Lucknow-226010 (U.P.) is hereby appointed as an Arbitrator to adjudicate upon the disputes between the parties arising out of a contract i.e Tender Ref No. UPMSCL/Drugs-0077/39 dated 20.09.2018, annexed as Annexure No. 2 to the application. 5. The office is directed to communicate this order to the Arbitrator Hon'ble Mr. Justice K. L. Sharma, (Retired Judge of this Court). November 6, 2025 Preeti ARBT No. 51 of 2023 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench