Court No. - 7
Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 57 of 2018 Applicant :- M/S Gomti Motors, H.P. Centre, H.P.C.L. Dealer Opposite Party :- Hindustan Petrolium Corporation Limited And 2 Others Counsel for Applicant :- Hari Om Tiwari,C.B. Yadav Counsel for Opposite Party :- C.S.C.,Vikas Budhwar
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the parties.
Sri Vikas Budhwar, learned counsel for the opposite parties states that the notice as alleged was not received in the office of the opposite parties and, therefore, the arbitrator could not be appointed by the respondent. I do not find any substance in this submission in view of the provisions of Sub- Section (6A) of Section 11 and Sub-Section (5) of Section 12 read with 7th Schedule of the Arbitration and Conciliation Act, 1996.
By order dated 16.05.2018, this Court appointed Mr. Justice Shishir Kumar, a retired Judge of this Court as an Arbitrator subject to his consent in terms of Section 11(8) of the Arbitration and Conciliation Act.
The aforesaid proposed arbitrator has sent his consent in terms of Section 11(8) of the Act vide letter dated 29.05.2018.
In view of the aforesaid, Mr. Justice Shishir Kumar, a retired Judge of this Court, R/o Flat No.24 Anapurna Vihar, 3-D, Beli Road, Allahabad (U.P.), Mobile No.9415235116, is appointed as an Arbitrator to enter upon the reference, and to adjudicate the dispute in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
The Arbitrator shall be entitled to fees in accordance with the amended fourth Schedule to the Act of 1996. The expenses shall be borne equally by the parties.
The application is allowed.
Order Date :- 30.5.2018 NLY