- (1.) The applicant had earlier filed an application no. 35 of 2009 under Section 11(6) for appointment of an Arbitral Tribunal for settlement of dispute between the applicant and the opposite parties, with regard to a partnership deed. Hon'ble Chief Justice in exercise of his powers under Section 11(6) appointed Justice D.P.S. Chauhan, a retired Judge of this Court as sole Arbitrator to decide the claims arising between the parties.
(2.) The parties put in appearance before the Arbitral Tribunal and during the pendency of the arbitration proceedings, the Arbitral Tribunal by order dated 5.10.2014, in Arbitration Case No. 35-09 of 2012 (Staya Prakash vs. Dinesh Prakash Singh and others) District Mirzapur, closed the case, under Section 25 of the Arbitration and Conciliation Act, 1996 (The Act) and posted the case for award on 9.11.2014 at 2:00 PM.
(3.) The applicant has again approached the Court on 17.10.2011 by filing the present Civil Misc. Transfer Application, under Paragraph 8 of the Scheme of Appointment of Arbitrators by Hon'ble the Chief Justice of Allahabad High Court, 1996 (Scheme), seeking the following prayer:- "It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to withdraw the authority given to the learned Arbitrator in Arbitration Case No. 35/2009 of 2012 (Satya Prakash Singh vs. Dinesh Singh & others) and/or designate any other Arbitrator for the settlement of Claim Petition between between the claimant and opposite party no. 1, and/or pass any other and further order which may meet at the end of justice, otherwise the applicant/opposite party no. 1 shall suffer an irreparable loss and injury.";