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2025 DAILYLAW 39673 (ALL)

PRATAP SINGH v. NAGAR AYUKT, NAGAR NIGAM

ARCO/55/2025 · 2025-04-17

Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57563 Court No. - 21 Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 55 of 2025 Applicant :- Pratap Singh Opposite Party :- Nagar Ayukt, Nagar Nigam Counsel for Applicant :- Hinchh Lal Pandey Counsel for Opposite Party :- Abhinava Krishna Srivastava Hon'ble Manoj Kumar Gupta,J. 1. The present application has been filed under Section 11 of the Arbitration and Conciliation Act for appointment of arbitrator to resolve the dispute and differences between the parties arising out of agreements collectively filed as annexure nos.1 to 6 to the affidavit. The clause, which is alleged to be an arbitration clause and on basis of which the application has been filed, is extracted below: "14- यह ककि ददोनदो पकदो किके मध्य कविविवाद किके ललियके अननन्तिम कनररय किवा अलधिकिवार नगर अकभियनन्तिवा / अलधिशवाससी अलधिकिवारसी नगर पवाललिकिवा पररषद कफिरदोजवाबवाद किदो हदोगवा जदो ददोनदो पकदो किदो मवानय हदोगवा।" 2. Learned counsel for the respondent submits that the petitioner had filed Writ-C No.49604 of 2017 in respect of the same claim and the said writ petition was disposed of in terms of the aforesaid Clause 14 directing the Executive Officer, Nagar Palika Parishad, Firozabad to decide the claim. He submits that in view of the same, the instant application would not be maintainable. 3. I find sufficient force in the submission. The claim having already been decided in terms of Clause 14, the present application would not be maintainable. It is open to the applicant to challenge the order dated 29.06.2019 in independent proceedings, if so advised. 4. The application stands rejected. (Manoj Kumar Gupta, J.) Order Date :- 18.4.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad