Court No. - 7
Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 5 of 2018 Applicant :- M/S Vipin Kumar Kashyap Thru Its Sole Prop. V.K. Kashyap Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Hridaya Narain Shukla,Rajeev Ratan Shukla Counsel for Opposite Party :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri R.R. Shukla, learned counsel for the applicant and Sri S.P. Singh, learned standing counsel for the State-respondents.
This application has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator on the ground that there exists an arbitration agreement between the parties and despite notice, the opposite party has not appointed an arbitrator.
Learned counsel for the applicant submits that as admitted case of the respondents, a sum of Rs.3,82,016/-, which is related to certain civil work done during the period of Magh Mela of the Year 2016-17.
Counter affidavit on behalf of respondents has been filed. In paragraph-10 of the counter affidavit, the existence of agreement and non-payment of a sum of Rs.3,82,016/- relating to third and fourth running bills has been admitted. It has been stated that due to non availability of fund, the payment could not be made. It has further been stated that the respondents are regularly approaching Incharge Officer, Magh Mela, Allahabad for allocation of funds and just on receipt of the necessary fund, all outstanding amount shall be made to the applicant. Thus, there appears to be no dispute between the parties in so far as the claim of the petitioner for Rs.3,82,016/- is concerned.
When this matter was taken up at about 10.30 A.M. learned standing counsel was directed to seek instructions from the opposite parties that as to when the payment shall be made. Now, the case has again been taken up at 2.15 P.M. Learned standing counsel states on instruction of respondent No.4 that the payment has been processed and in all probabilities it shall be transferred in the bank account of the applicant by 06.06.2018.
Since the claimed amount has been admitted by the opposite parties and a statement on their behalf has been made on instruction by the learned standing counsel that claimed amount shall be transferred in the bank account of the applicant by 06.06.2018, therefore, no dispute appears to be surviving.
In view of the aforesaid, this application is disposed of leaving it open to the applicant to take such action against the respondents, if the undertaking of the respondents as recorded above is not complied with by them.
Order Date :- 29.5.2018 NLY