Court No. - 7
Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 97 of 2018 Applicant :- Emc Limited Opposite Party :- Centerl Organization For Railway Electrification Counsel for Applicant :- Kartikeya Saran Counsel for Opposite Party :- Rajnish Kumar Rai
Hon'ble Saumitra Dayal Singh,J.
Civil Misc. Recall Application No. 1 of 2018
1. Heard learned counsel for the parties.
2. By an earlier order dated 12.09.2018, the learned arbitrator had been appointed. His consent is also on record.
3. Subsequently, the opposite party has filed a recall application to recall the order dated 12.09.2018. However, in substance, the application is seeking review of the earlier order dated 12.09.2018, inasmuch as the objection being raised in the recall application had been raised by the opposite party, had been recorded and dealt with in the order dated 12.09.2018.
4. The present recall application is misconceived.
5. Accordingly, the recall application is rejected.
Order Date :- 30.11.2018 Prakhar .
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Court No. - 7
Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 97 of 2018 Applicant :- Emc Limited Opposite Party :- Centerl Organization For Railway Electrification Counsel for Applicant :- Kartikeya Saran Counsel for Opposite Party :- Rajnish Kumar Rai
Hon'ble Saumitra Dayal Singh,J.
1. Pursuant to the order passed on 12.09.2018, the proposed arbitrator has given his consent in terms of Section 11 (8) of the Act of 1996 to act as an arbitrator.
2. Accordingly, Mr. Justice Sushil Harkauli, a Former Judge of this Court residing at 4-A, Rani Jhansi Marg, New Cantt., Allahabad (U.P.) (Mob. No. 9839054944) is appointed as an arbitrator to enter upon the reference, and adjudicate the dispute in accordance with provisions of Arbitration and Conciliation Act, 1996.
3. The arbitrator shall be entitled to fees, in accordance with the provisions of fourth schedule inserted by Act No.3 of 2016. The expenses shall be borne equally by the parties.
4. The application under Section 11 of the Act thus, stands allowed.
Order Date :- 30.11.2018 Prakhar