HIGH COURT OF JUDICATURE AT ALLAHABAD ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 138 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. 1. The instant application has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of a sole arbitrator to decide the dispute and differences between the parties arising out of agreement dated 23.02.2024. 2. Clause 17 is as follows: "In case of any dispute, the resolution shall be arrived at by mutual understanding and discussions by appointing a Sole Arbitrator agreed by both Parties as per the provisions of the Arbitration and Conciliation Act, 1996. If the dispute is not resolved through negotiations within Three (3) months after the commencement of discussion or such longer period as the Parties agree to in writing, then either Party may refer the dispute for resolution to the Arbitrator and the place of arbitration shall be at NOIDA." 3. A bare perusal of the aforesaid clause reveals that the parties have agreed for resolution of dispute initially through mediation and if the same does not succeed within three months, then only the parties can refer the dispute to the arbitrator. 4. In the instant case, a notice dated 28.06.2025 has been given by the applicants to the opposite parties in terms of the said clause for getting the Versus Counsel for Applicant(s) : Subhas Kumar Counsel for Opposite Party(s) : M/S Nexgen Energia Limited And Another .....Applicant(s) M/S Amrawati Beverages (Licence) And 2 Others .....Opposite Party(s) dispute resolved through negotiations within three months. 5. The period of three months has not expired since the issuance of the said notice. There is also no indication that what efforts was made to get the dispute resolved through mediation and conciliation and straightaway the present application has been filed. 6. In the circumstances aforesaid, the application is held to be premature. The applicant shall exhaust the procedure prescribed under Clause 17 and, in case, the resolution of the dispute does not take place, then it shall be open to the applicants to seek resolution through arbitration. 7. The application stands disposed of accordingly. September 12, 2025 Ankit. ARCO No. 138 of 2025 2 (Manoj Kumar Gupta,J.) Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad