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2015 DIGILAW 2275 (ALL)

Opg Computer Aided Design Pvt. Ltd. , New Delhi v. Chairman U. P. Power Corp. Ltd. ,Lucknow

2015-08-07

ANIL KUMAR

body2015
JUDGMENT Anil Kumar, J. Shri Alok Mishra, learned counsel for the applicant, Shri Amit Kr. Singh Bhadoriya, learned counsel for the respondents and perused the record. 2. Shri Alok Mishra, learned counsel for the applicant submits that an agreement made on 08.02.2002 between M/s OPG Computer Aided Design Private Ltd., Indure House, DLF Centre, Greter Kailash-2nd, New Delhi 110048 constituted under the Indian Companies Act and U.P. Power Corporation Ltd. having registered Office 14, Shakti Bhawan, Lucknow. 3. He further submits that a dispute and difference has been arisen between the parties, as such, the applicant has given a notice to the respondent invoking the arbitration clause for appointment of an Arbitrator. The same has not been done. Hence, the applicant approached this Court by filing the the present application/petition under Section 11(6) (a) of Arbitration & Conciliation Act, 1996 for appointment of an Arbitrator. 4. Shri Amit Kr. Singh Bhadoriya, learned counsel for the respondents while opposing the request as made by the applicant submits that the claim as raised by the applicant is barred by limitation. 5. I have heard learned counsel for the parties and gone through the records. 6. It is not in dispute between the parties that in pursuance to the said agreement, certain work has been done by the applicant. Thereafter, as a dispute and difference has been arisen between the parties, so the applicant has invoked the arbitration clause for appointment of an Arbitrator and the same has been terminated. 7. Thus, keeping in view the above said facts as well as law laid down by Hon'ble the Apex Court in the case of Punj Lloyd Ltd. vs.f Petronet Mhb Ltd. (2006) 2 SCC 638 , National Insurance Company Ltd. vs. Boghara Polyfab Private Ltd. (2009) 1 SCC 267 and Mcdermott International Inc. vs. Burn Standard Co. Ltd. and others (2006) 11 SCC 181 , Hon'ble Mr. Justice Shailendra Saksena, r/o M.I.G.-A, Sector-C, Aliganj, Lucknow, (former Judge of this Court) is appointed an Arbitrator. Further, learned Arbitrator shall fix fees and other expenses for conducting the matter with the consent of the parties. With the above observations, the petition/application is allowed.