Allahabad High Court
M/S Pacific Maintanance Services Pvt. ... vs Future Lifestyle Fashions Ltd. on 17 August, 2023
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:166094 Court No. - 46 Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 154 of 2022 Applicant :- M/S Pacific Maintanance Services Pvt. Ltd. Opposite Party :- Future Lifestyle Fashions Ltd. Counsel for Applicant :- Kaushalendra Nath Singh Hon'ble Ashwani Kumar Mishra,J.
This application has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of Arbitrator.
Notices were issued to the opposite party by this Court on 22.11.2022. Office Report dated 16.08.2023 clearly records that notices were sent to opposite party by registered post, and as per the postal tracking report consignment has been delivered on 09.12.2022. Service of notice upon opposite party is, therefore, deemed to be sufficient.
None, however, has appeared for the opposite party, nor any counter affidavit has been filed. The petition is, therefore, taken up for disposal, at the admission stage itself, by applying the doctrine of non-traverse.
It is asserted that the parties have entered into a contractual relationship vide agreement dated 08.03.2017, which contains an arbitration clause. As per Clause 12.3, the venue of arbitration is at Ghaziabad. Subsequently a dispute has arisen between the parties and the applicant has sent communication to the opposite party invoking the arbitration clause on 04.07.2022. Notice has been sent by registered speed post but no reply has been received from the opposite party.
From the material placed on record, it is apparent that parties have entered into an arbitration agreement and the dispute has arisen between them. The parties also have not been able to arrive at consensuous on appointment of arbitrator. Necessary ingredients to invoke the jurisdiction of this Court under Section 11 of the Act of 1996 is, therefore, shown to be exist. The application for appointment of arbitrator is, consequently, allowed.
Accordingly, Justice Vinod Kumar Misra (Retd. Judge), R/o-R-103 Sector-12, Advocates Colony, Pratap Vihar, Ghaziabad, U.P. Mobile No.8004912901 is appointed as an Arbitrator to enter upon the reference and adjudicate the dispute in accordance with provisions of Arbitration and Conciliation Act, 1996, subject to his consent in terms of section 11-A of the Arbitration and Conciliation Act.
The Arbitrator shall be entitled to fees, in accordance with the provisions of fourth schedule inserted by Act No.3 of 2016. The expenses shall be borne equally by the parties.
Order Date :- 17.8.2023 A. K. Singh