Chief Justice's Court
Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 24 of 2017 Applicant :- Vinayendra Nath Upadhyay Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Akhileshwar Singh Counsel for Opposite Party :- C.S.C.
Hon'ble Govind Mathur,Chief Justice
This application is preferred as per provisions of Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of a sole Arbitrator to resolve the dispute between the parties in respect of agreement dated 26th December, 2014. The applicant entered into an agreement dated 26th December, 2014 with the Government of Uttar Pradesh in the name of Governor of Uttar Pradesh represented through Commissioner, Azamgarh Division, Azamgarh for the purpose of 24 hours collection and realization of required user fee amounts from the vehicles passing through Jai Prabha Bridge (Manjhi Ghat) across the river Ghaghra on National Highway No.19(31) at Km.128/129 in district Ballia for performance during fixed term of three years. The term commenced on 1st October, 2014 and was to be completed on 30th September, 2017.
Clause 17 of the agreement prescribes that all the disputes under or in the agreement including the dispute in relation to the term of contract shall be adjudicated by the Divisional Commissioner of making a reference in that regard.
In the case in hand, a request was made by the applicant for making a reference as per clause 17 of the agreement for resolution of the dispute between the parties but the Commissioner, Azamgarh Division, Azamgarh shown his inability to adjudicate the issue a she was signatory to the agreement as a representative of Hon'ble the Governor. In this factual background, the instant application is preferred.
It is submitted by learned counsel appearing on behalf of the applicant that on last occasion time was granted to the respondents to avail necessary instructions in the matter.
Learned Standing Counsel is not having complete instructions in the matter.
Having considered all facts of the case, I deem it appropriate to accept this application. Accordingly, the same is allowed. Sri A.K. Malviya, Retired District Judge, R/o A.N. Jha Marg, George Town, Prayagraj (Allahabad) as sole arbitrator to adjudicate the dispute as agitated in the notice dated 29th March, 2016 submitted by the petitioner upon the respondents. Necessary consent from the Arbitrator shall be obtained by the applicant at earliest. The sole Arbitrator appointed shall also be entitled for remuneration as per Schedule-IV of the Act of 1996. The applicant shall also be at liberty to move an application for revival of the instant application, if the Arbitrator appointed under this order shows his inability to act as the Arbitrator in the instant matter.
The application stands disposed of accordingly.
Order Date :- 22.1.2019 Bhaskar (Govind Mathur, C.J.)