Allahabad High Court
Gvk Emri (Up) Formerly Known As Gvk Emri ... vs State Of U.P.Thru Addl.Chief ... on 9 July, 2020
Bench: Pankaj Kumar Jaiswal, Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- MISC. BENCH No. - 10362 of 2020 Petitioner :- Gvk Emri (Up) Formerly Known As Gvk Emri (Up) Pvt.Ltd.& Anr. Respondent :- State Of U.P.Thru Addl.Chief Secy.Medical Health And Ors. Counsel for Petitioner :- Gaurav Mehrotra,Tushar Mittal,Vidya Dhar Upadhyay Counsel for Respondent :- C.S.C. Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Dinesh Kumar Singh,J.
1. This matter has been taken up through Video Conferencing.
2. Heard Mr. J.N. Mathur, learned Senior Advocate, assisted by Mr. Vidya Dhar Upadhaya, learned counsel appearing for the petitioners, and Mr. H.P. Srivastava, learned Additional Chief Standing Counsel, appearing for respondent nos. 1, 2 and 3.
3. The petitioners are assailing the decision/order dated 16th April, 2020 and 12th May, 2020 whereby the State Government has initiated proceedings to recover the penalty.
4. Learned counsel for the petitioners has very categorically submitted that petitioners have filed application under Section 11 of The Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'The Act, 1996') for appointment of Arbitrator and application under Section 9 of The Act, 1996 for grant of interim order in which 14th July, 2020 is fixed for hearing before the Commercial Court, Lucknow.
5. In view of the aforesaid, we are not inclined to interfere and pass any order in this writ petition, however, grant liberty to the petitioners to pursue both the applications, which are pending before the Commercial Court at Lucknow. The Commercial Court at Lucknow shall expedite the matter, looking to the urgency in the matter, and decide the application for interim order expeditiously, in accordance with law.
6. With the aforesaid direction, the writ petition stands disposed of.
[D.K. Singh, J.] [P.K. Jaiswal, J.] Order Date :- 9.7.2020 MVS/-