Allahabad High Court
Darcl Logistic Ltd. Thru. C.M.D. K.K. ... vs M/S Sahara Q-Shop Unique Products Range ... on 26 October, 2023
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:70270 Court No. - 19 Case :- CIVIL MISC. ARBITRATION APPLICATION No. - 7 of 2017 Applicant :- Darcl Logistic Ltd. Thru. C.M.D. K.K. Agarwal Opposite Party :- M/S Sahara Q-Shop Unique Products Range Ltd. Thru.M.D. And Anr Counsel for Applicant :- Lalit Mohan Joshi,Girish Chandra Upadhyaya Hon'ble Jaspreet Singh,J.
Ref:- C.M.A. No. 6 of 2023 The instant petition has been preferred by the petitioner under Section 11(4) of the Arbitration and Conciliation Act, 1996 seeking appointment of a substitute Arbitrator.
It is submitted that on 04.07.2022, this Court in Arbitration Application No. 7 of 2017 had appointed Sri S.M. Tandan, a retired Additional District Judge as an Arbitrator. The proceedings commenced before the Arbitrator, however, at a later stage, the said Arbitrator withdrew his consent by means of the order dated 07.01.2023 which has been brought on record as Annexure No. 7.
It is submitted that in the aforesaid backdrop the petitioner has moved this petition seeking appointment of a substitute Arbitrator.
A specific query was put to the learned counsel for the petitioner as to whether the petitioner had put the respondent to notice in terms of Section 15 (2) of the Act of 1996 before filing the instant petition under Section 15 read with Section 11 of the Act of 1996.
The learned counsel for the petitioner at this stage submits that since he has not put the respondents to notice prior invoking the jurisdiction of this Court in terms of Section 11 read with Section 13(1) (a) of the Act of 1996, consequently, he seeks liberty of the Court to withdraw the petition, serve the respondents with a notice and in case if the proceedings do not materialize, he may be granted the liberty of approaching this Court again.
Considering the aforesaid facts and circumstances, the present petition is dismissed as withdrawn with the aforesaid liberty as prayed for.
Order Date :- 26.10.2023 Asheesh