Q. What are the equivalent citations for M/S S.T. Advani And Co vs Commercial Court No.2 Lko And Another ?

The equivalence citation are2024/AHC-LKO/51223

M/S S.T. Advani And Co Vs. Commercial Court No.2 Lko And Another On 29 July, 2024

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M/s S.t. Advani And Co v. Commercial Court No.2 Lko And Another

(High Court Of Judicature At Allahabad, Lucknow Bench)

MATTERS UNDER ARTICLE 227 No. - 3412 of 2024 | 29-07-2024

1. Heard Shri Pritish Kumar, learned counsel for petitioner, Shri Ankit Pandey, learned counsel for respondent no. 4 and perused the material available on record.

2. Shri Pritish Kumar, learned counsel for petitioner submits that a dispute having arisen between the petitioner and the respondent no. 2 was referred to proceedings under the Arbitration & Conciliation Act, 1996 and the arbitral award dated 16.12.2022 was passed in favour of the petitioner granting an amount of Rs.2,79,27938.19/- towards claim of the petitioner. The respondent no. 2 being aggrieved by the arbitral award had filed an application under Section 34 of the Arbitration & Conciliation Act, 1996 in the court of Commercial Court-II, Lucknow, which is pending consideration.

3. On the other hand, the petitioner had also moved an application for execution of the award dated 16.12.2022 in the court of Commercial Court-II, Lucknow, which is also pending consideration.

4. This petition has been filed by the petitioner praying to the Commercial Court-II, Lucknow to expeditiously decide the Arbitral Execution Case No. 380 of 2023 (M/s ST Advani & Co. Vs. Union of India) under Section 36 of the Arbitration & Conciliation Act, 1996.

5. It is stated that merely because of the pendency of the application moved under Section 34 of the Act of 1996 by the respondent no. 2, the proceedings under Section 36 of the Act of 1996 are getting adjourned repeatedly.

6. Considering that both the aforesaid applications are pending before the Commercial Court-II, Lucknow and with the consent of parties this petition is being disposed of with the direction of the Commercial Court-II, Lucknow to consider and decide the application moved by respondent no. 2 under Section 34 of the Act of 1996 as well as proceedings of Arbitral Execution Case No. 380 of 2023 (M/s ST Advani & Co. Vs. Union of India) under Section 36 of the Arbitration & Conciliation Act, 1996 with expedition say within a period of six months from the date a certified copy of this order is produced before him, if there is no legal impediment.

7. Learned counsel for both the parties have assured this Court that they will cooperate in the proceedings before Commercial Court-II, Lucknow.

8. With the aforesaid observations/directions, this petition is disposed of.