PRADEEP CONSTRUCTION COMPANY Vs. GENERAL MANAGER N C R ALLAHABAD
LAWS(ALL)-2009-5-359
HIGH COURT OF ALLAHABAD
Decided on May 08,2009

PRADEEP CONSTRUCTION COMPANY Appellant
VERSUS
GENERAL MANAGER, N.C.R., ALLAHABAD Respondents

JUDGEMENT

C.K. Prasad, C.J. - (1.) THIS application, under Section 11 of the Arbitration and Conciliation Act, has been filed for appointment of an Arbitrator. By an order dated 06.01.2006, an Arbitrator was appointed. Said order was challenged before the Supreme Court in Civil Appeal No. 3016 of 2007 and by order dated 13th of July 2007, the aforesaid order has been set aside and the matter has been remitted back for reconsideration. That is how the matter has come up again. There is no dispute that Arbitration Clause exists in the agreement and there is dispute between the party. Further, the petitioner has given notice for appointment of the Arbitrator but no Arbitrator has been appointed. Mr. S.C. Pandey appears on behalf of the petitioner. Opposite parties are represented by Mr. Govind Saran. They draw my attention to clause 64 (3) (a) (i) of the Agreement and contends that if the total value of the claims does not exceed Rs.10 lacs, a sole Arbitrator be appointed. In view of aforesaid, I direct the General Manager to appoint a sole Arbitrator, who should be a Gazetted officer of the Railways, not below the grade of JA grade. The General Manager shall appoint the sole Arbitrator within three weeks from the date of the receipt of a copy of this order. Application stands disposed of.;


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