Allahabad High Court
Janardan Gupta vs Sunshine Infraheights Pvt Ltd on 17 August, 2021
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 125 of 2020 Applicant :- Janardan Gupta Opposite Party :- Sunshine Infraheights Pvt Ltd Counsel for Applicant :- Devendra Singh Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned counsel for the opposite parties.
On 23.3.2021 the Court had proceeded to pass a detailed order on the aforesaid application filed under Section 11 (4) of the Arbitration and Conciliation Act, 1996 appointing Hon'ble Mr Justice Rajesh Kumar, a retired Judge of this Court as an Arbitrator. The declaration was accordingly invited through the registry.
Pursuant to the order passed on 23.3.2021, the proposed arbitrator has given his consent vide letter dated 27.3.2021 in terms of Section 11(8) of the Arbitration and Conciliation Act, 1996, to act as an arbitrator, which reads as under:-
"In pursuance of the order of the Hon'ble High Court dt. 23.03.2021 in case (Arbitration & Conciliation Appl. U/S 11 (4) No.125 of 2020 (M/s Janardan Gupta vs. Sunshine Infraheights Private Ltd.) and letter dt. 26.03.2021 issued by you I hereby give my consent in terms of Section 11 (8) of Arbitration Act, and enclosed herewith form as per VI Scheduled"
Accordingly, Mr Justice Rajes Kumar, a retired Judge of this Court, residing at "Krishnalaya" 3-C, Tashkant Marg near St. Joseph's College (in front of Shakuntala Hospital) Prayagraj (Mob. No.9415235009, 7388908877), is appointed as an arbitrator to enter upon the reference and adjudicate the dispute in accordance with the provisions of Arbitration and Conciliation Act, 1996.
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.
The application under Section 11 of the Act thus, stands allowed.
Order Date :- 17.8.2021 RKP