Allahabad High Court
M/S Lallooji And Sons vs Prayagraj Mela Pradhikaran on 9 December, 2020
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 130 of 2019 Applicant :- M/S Lallooji And Sons Opposite Party :- Prayagraj Mela Pradhikaran Counsel for Applicant :- Ashish Agrawal Counsel for Opposite Party :- Kartikeya Saran Hon'ble Pankaj Bhatia,J.
The parties agree that arbitration clause exists in agreement in between the parties as Clause 36.3 and Clause 36.4.
It is alleged that in pursuance of the said clause, a request was made initially on 16.8.2019 for amicable settlement, however, no response was received. A request was made on 21.10.2019 invoking arbitration clause. It is stated that despite delivery of the said notice, no steps were taken, as such, the present application under Section 11 of the Arbitration and Conciliation Act, 1996 has been filed before this Court.
Parties agree that in between another dispute arising out of the similar agreement has been referred by this Court for Arbitration.
The parties agree that this dispute may also referred to the some Arbitrator.
In view of the agreement of the parties and the fact that Arbitration Clause exists, the matter is referred for arbitration before Hon. Mr. Justice Shashi Kant Gupta (Former Judge of this Court) (R/o Judges Bungalow No. 25, Drummond Road, Prayagraj/9 Elgin Road, Civil Lines, Prayagraj (Mobile No. 9415216833).
Office is directed to obtain consent of the learned Arbitrator by the next date in terms of mandate of Section 11 (8) of the Act.
List this case on 7.1.2021.
This order has been passed with the consent of Sri Ashish Agrawal, counsel for applicant and Sri Kartikeya Saran, counsel for opposite party, who are present in Court.
Order Date :- 9.12.2020 vinay