M/S Sai Construction Company v. Executive Engineer Copnstruction Division and Another

Court No. - 46 Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 205 of 2023 Applicant :- M/S Sai Construction Company Opposite Party :- Executive Engineer Copnstruction Division And Another Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- Nipun Singh Hon'ble Ashwani Kumar Mishra,J. An objection is taken to the maintainability of the present petition by Shri Nipun Singh, counsel for the opposite parties on the ground that demand for reference of dispute to arbitrator has not been made in terms of Clause 32 of the agreement. Faced with the above objection, learned counsel for the applicant comes up with a prayer to withdraw the present petition with liberty to approach the competent forum. Petition is, accordingly, dismissed as withdrawn, with liberty as prayed. Liberty also stands reserved to the applicant to file a fresh petition, in case the competent authority neglects or fails to act in accordance with law. Order Date :- 30.11.2023 Vipasha High Court of Judicature at Allahabad