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2025 DAILYLAW 27984 (ALL)

M/S J.P. TRIPATHI CONSTRUCTION v. NCC LIMITED(FORMERLY NAGARJUNA CONSTRUCTION COMPANY LIMITED)

ARCO/85/2023 · 2025-08-21

Saumitra Dayal Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145086 Court No. - 44 Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 85 of 2023 Applicant :- M/S J.P. Tripathi Construction Opposite Party :- Ncc Limited(Formerly Nagarjuna Construction Company Limited) Counsel for Applicant :- Rajendra Prasad Mishra,Surendra Kumar Counsel for Opposite Party :- Sudeep Harkauli Hon'ble Saumitra Dayal Singh,J. 1. Heard Sri Rajendra Prasad Mishra, learned counsel for the original applicant and Mr. Sudeep Harkauli, learned counsel for the non-applicant/opposite party. 2. Present application has been filed seeking appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. 3. The cause of action is claimed to have arisen to the applicant under three contracts awarded to it by the non-applicant. 4. At present, a single claim has been made seeking appointment of one arbitrator treating all three claims to be consolidated/one. 5. At the outset, learned counsel for the non-applicant has raised a preliminary objection as to the maintainability of such a consolidated application/claim. 6. At this stage, learned counsel for the applicant prays to withdraw the present application with liberty to pursue his three claims before the authority in terms of Clause 20 of each of the three work orders. 7. No objection has been raised to the said prayer. 8. Accordingly, the present application is dismissed as withdrawn with liberty as prayed. Order Date :- 22.8.2025 P Kesari (S.D. Singh, J.) Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad