Neutral Citation No. - 2025:AHC:13104 Court No. - 21 Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 136 of 2023 Applicant :- B D Agarwal Buildtech India Private Limited And Another Opposite Party :- Union Of India And 2 Others Counsel for Applicant :- Puneet Agarwal Counsel for Opposite Party :- A.S.G.I.,Gopal Verma Hon'ble Manoj Kumar Gupta,J. 1. The instant application has been filed for appointment of an arbitrator to adjudicate the dispute between the parties in pursuance of Condition No. 70 of General Condition of Contract (IAFW-2249). 2. On the previous date, time was granted to Shri Gopal Verma, learned counsel for the opposite parties to file counter affidavit. Today, on basis of instructions received from the opposite parties, he states that the department has empaneled several persons as arbitrators and he has no objection in case anyone from the said list is appointed. 3. Shri Puneet Agarwal, learned counsel for the applicant agrees to appointment of Shri Arvind Kumar Arora DG (Per) MES, empaneled arbitrator from the said list to arbitrate the dispute between the parties. He submits that the applicant waives the applicability of Sub-section (5) to Section 12 of the Arbitration and Conciliation Act, 1996 and would move an application in this behalf before Engineer-in-Chief (opposite party No. 1). 4. Accordingly and in terms of the agreement noted above, the instant petition stands disposed of. 5. The applicant may move application before opposite party No. 1 so that necessary action, in terms of the consent noted above, is taken within three weeks of filing of the application. Order Date :- 24.1.2025 Mukesh Kr. (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad