M/S Kashyapi Infrastructure Pvt ... vs U.P. Co-Operative Federation ...
2023 Latest Caselaw 9198 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 22
 

 
Case :- CIVIL MISC. ARBITRATION APPLICATION No. - 9 of 2023
 

 
Applicant :- M/S Kashyapi Infrastructure Pvt Ltd Thru. Pram Kumar Arora, G.M.
 
Opposite Party :- U.P. Co-Operative Federation Ltd. (Pcf), Hq, Lucknow
 
Counsel for Applicant :- Pawan Kumar Nigam,Ram Babu Singh
 
Counsel for Opposite Party :- Gaurav Mehrotra,Gaurav Mehrotra,Utsav Mishra
 

 
Hon'ble Manish Mathur,J.

Heard Mr. Sanjeev Agarwal learned counsel for applicant and Mr. Gaurav Mehrotra and Mr. Utsav Mishra learned counsel for opposite party.

Application has been filed under Section 11(6) of the Arbitration and Conciliation Act 1996 for appointment of an arbitrator.

Mr. Gaurav Mehrotra learned counsel for opposite party has raised a preliminary objection regarding maintainability of application on the ground that since the applicant is a nominal member of the U.P. Cooperative Federation Limited, as such a separate application under section 11(6) of the Act of 1996 is not maintainable and in fact the applicant has a remedy of filing an application under Section 70 of U.P. Cooperative Societies Act 1771 read with Chapter 18 of U.P. Cooperative Societies Rules 1968 and Rule 225 of the same.

Learned counsel for the applicant in response does not deny the fact that the applicant is a nominal member of opposite party. It is also admitted that aforesaid aspect regarding preliminary objection has already been covered by judgment and order dated 29th March, 2019 passed by Co-ordinate Bench of this Court in Arbitration Application No.32 of 2017.

In view of aforesaid, learned counsel for applicant submits that he may be granted liberty to approach the Registrar in terms of aforesaid provisions. Learned counsel for respondent does not have any objection to the aforesaid prayer.

In view of aforesaid, the present application under section 11(6) of the Act of 1996 is dismissed as withdrawn granting liberty to the applicant to approach the appropriate forum as is indicated herein above. In case such an application is filed, the same may be considered and decided expeditiously.

Order Date :- 28.3.2023

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