Court No. - 36
Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 39 of 2021 Applicant :- M/S Ridha Garments Registered Office At Islam Nagar Maghar Opposite Party :- The Director Of Basic Education U.P. And 2 Others Counsel for Applicant :- Adya Prasad Tewari Counsel for Opposite Party :- C.S.C.,Ras Bihari Pradhan
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
The application filed under Section 11 of the Arbitration and Conciliation Act, 1996 was entertained on 18.06.2021 appointing Hon'ble Mr. Justice Shrikant Tripathi, R/o 2/146D, Vishesh Khand, Gomti Nagar, Lucknow, a Former Judge of this Court as an Arbitrator. The declaration was accordingly invited through the Registry vide letter dated 25.06.2021. The sole Arbitrator vide letter dated 02.07.2021 has responded to the aforesaid letter, which reads as under:-
"In response to your letter No. 002132 dated 25.6.2021 on the subject, it is informed that I am ready to act as the Arbitrator in the aforesaid matter. Accordingly, my consent may be kept on record.
In addition to the aforesaid, it is also informed that I have neither direct nor indirect any past or present relationship with, or interest, in, any of the parties or in relation to the subject matter in dispute, whether financial, business, professional or other kind, which is likely to give rise to justifiable doubts as to my independence or impartiality. I have not rendered any opinion or advice to any of the parties with regard to the subject matter in dispute. More so, there is no circumstance at all, which is likely to affect my ability to devote sufficient time to the arbitration and to complete the entire arbitration within the stipulated time.
As and when any of the above circumstances arises from the time of may appointment as the arbitrator and throughout the arbitral proceedings, I shall declare the same without any delay.
Kindly place this letter of consent before the Hon'ble High Court for its kind perusal and orders.".
In view of above, the application is consigned to record.
Let a copy of this order be communicated to the sole Arbitrator by the Registry forthwith.
Order Date :- 29.7.2021 A.K.Srivastava