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The present application under of the Arbitration and Conciliation Act 1996 (hereinafter referred to as the Act of 1996 for the sake of brevity) has been filed for appointment of Arbitrator for resolution of dispute arose between the parties arising out of an agreement contended by learned counsel for the applicant that the applicant has been awarded the work of Extension of platform of Katni- Singrauli Section and Extension of platform at Katni station Jabalpur Division. submitted that the dispute arose because of non-payment of amount for the work which has been applicant in terms of the agreement. The applicant has submitted respondents and NOC has been obtained from the applicant under duress. Thereafter, some other payments have been made in the year 2024. Counsel for the applicant submits that as per Annexure the payment has been made lastly in the year 2024 by the respondents, however, total amount was due to the tune of Rs.21 Lakhs but out of that amount therefore, dispute still exist between the parties and it is to be resolved by referring the matter to the Arbitrator. It is further submitted that the applicant is also entitled for some other payments which have not been paid. Per contra, learned counsel for the respondent has opposed the prayer on the ground that as the NOC (Annexure R/1) has been issued, the dispute is not arbitrable. It is further submitted that despite the NOC issued by the applicant, when it is found by the respondents that certain dues still remained unpaid, the respondents have paid the amount vide Annexure R/6 submitted that as the claim raised by the applicant has been settled by payment of the amount due against the respondents, nothing survives and the matter is not arbitrable and prayed for dismissal of the application. Heard learned counsel for the parties and perused the record. From perusal of the record, it is found that despite issuance of NOC by the applicant vide Annexure R/1the non-applicant has paid some more amounts in the year 2024. It is the case of the applicant that against the amount of Rs.21 Lakhs which was due against the respondents,
This is specially assigned matter in which the mediation is successful. Heard Ashwarni Kumar, learned counsel for the applicants, Sri Pankaj Kumar Tiwari, learned counsel holding brief appeared for the opposite party no.2 and learned AGA for the State. The instant application has been filed by the applicant to quash the summoning order passed by learned Ballia in under D.P.Act, P.S. Bansdih, District Ballia pending in the court of learned Civil Judge jointly submitted by the parties that the matter is matrimonial in nature. Mediation is successful. Parties have buried their hatches. There is compromise between the parties. Hence, seeks intervention to quash the charge sheet and the proceedings qua the applicants, inter alia, compromise. The order is reiterated underneath:- Contention of learned counsel for the applicant is that applicant the husband of applicant applicant the jethani. Marriage of the applicant no.1 stood solemnized with O.P. Learned counsel for the applicant on instructions submits that in case the matter is referred to Mediation and Conciliation Centre, High Court, Allahabad there are bright chances and all possibilities of the issue being settled between the parties, for which applicant no.1 is agreeable to pay Accordingly, Mediation & Conciliation Centre of this Court with the following directions (conditions):- The applicant no.1 is directed to deposit demand draft in favour of Registrar General, Allahabad High Court Mediation & Conciliation Centre within a period of two weeks from today to the In charge Mediation and Conciliation Centre, High Court, Allahabad. After deposit of the aforesaid applicant no.1, office shall send a notice to the opposite party no.2 fixing a date to appear before the Mediation and Conciliation Centre of this Court. Out of aforesaid amount, a sum shall be payable opposite party no.2 on her appearance before the Mediation Centre. the Mediation Centre. It is made clear that in case, the said amount, as directed above, is not deposited by the applicants within a period of two weeks and any condition so entrusted upon the applicant is not complied with within the aforesaid period, the interim protection granted by this Court shall automatically come the concerned court below to proceed against the applicants in accordance with law. the receipt of the deposit so made, before the court below within the said period,