HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CIVIL MISC. ARBITRATION APPLICATION No. - 62 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard. 2. On 24.09.2025 this court had passed the following order:- "1. Heard Shri Prashast Puri, learned counsel for the applicant and Shri Navneet Yadav, learned counsel for the respondent. 2. Present application has been filed seeking appointment of an arbitrator on account of dispute arisen in between the parties in terms of the agreement executed in between the parties. 3. The facts, in brief, are that the applicant and the respondent had entered into an employment contract and an appointment letter was issued on 11.03.2022. In terms of the said employment contract, terms and conditions for appointment was reduced into writing and the said terms and conditions contained an unconditional undertaking cum personal guarantee executed by the respondent which is contained in Annexure - C to the documents executed in between the parties which also contains a dispute resolution clause in Para 3(a) and (b). 4. In the light of the said, submission of learned counsel for the petitioner is that as the dispute has arisen in between the parties and the respondent has violated the terms and conditions of the agreement and has not honored the indemnity, an arbitrator be appointed in terms of the agreement. 5. Learned counsel for the respondent, on the other hand, opposes the said request by arguing that in fact, at the instance of the applicant, the respondent Versus Counsel for Applicant(s) : Prashast Puri, Shreyash Shukla, Utkarsh Srivastava, Varun Singh Counsel for Opposite Party(s) : Navneet Yadav, Aviral Raj Singh, Mohd. Yasir M/S Apco Infratech Pvt. Ltd., Through Its Authorized Signatory, Lucknow .....Applicant(s) Dushyant Hooda .....Opposite Party(s) was transferred to another company for which there was stipulation contained in the appointment letter itself. 6. It is further argued that the respondent has entered into a fresh agreement with his subsequent employer who is nothing but a transferee of the applicant before this Court. 7. There is no denial that the indemnity executed by the respondent contained an arbitration clause. The other objection raised by counsel for the respondent cannot be seen at the time of passing of order under Section 11 of Arbitration and Conciliation Act. All the issues will be open in between the parties to be raised before the arbitrator. 8. Thus, in view of there being an arbitration clause, I deem it appropriate to appoint Justice Devendra Kumar Arora, a former judge of this Court, having his residence at Type VII, New Campus SGPGI, Rae Bareli, Lucknow, Mobile No.9415006214 as an Arbitrator. 9. Let the office send a communication to Justice Devendra Kumar Arora seeking his consent for appointment as an Arbitrator, which is required in terms of Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act. 10. List this matter on 15.10.2025 by which date the office shall file a report alongwith consent of the proposed Arbitrator. 11. Needless to say that all the issues shall be opened to be canvassed before the arbitrator." 3. The proposed Arbitrator Hon'ble Mr. Justice Devendra Kumar Arora, a former judge of this Court, having his residence at Type VII, New Campus SGPGI, Rae Bareli, Lucknow, Mobile No.9415006214 has signified his consent to act as an Arbitrator for adjudication of disputes between the parties through letter dated 11.10.2025, which is accompanied by disclosure under Section 11(8) read with Section 12(1)(b) and VIth and VIIth Schedule of the Arbitration and Conciliation Act, 1995. 4. Accordingly, the application under Section 11(6) of the Arbitration and Conciliation Act, 1996 is allowed. Hon'ble Mr. Justice Devendra Kumar Arora, a former judge of this Court, having his residence at Type V/II, New Campus SGPGI, Rae Bareli, Lucknow, Mobile No.941500621 is hereby appointed as an Arbitrator to adjudicate upon the disputes between the ARBT No. 62 of 2025 2 parties. 5. The office is directed to communicate this order to the Arbitrator Hon'ble Mr. Justice D.K. Arora, (a Former Judge of this Court). November 27, 2025 Ram. ARBT No. 62 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench