1

BEFORE THE ARBITRAL TRIBUNAL COMPRISING OF

SHRI PRITISH KUMAR, ADVOCATE [PRESIDING ARBITRATOR],
&
SHRI GAURAV MEHROTRA, ADVOCATE [CO-ARBITRATOR]
&
SHRI ANANT TEWARI, ADVOCATE [CO-ARBITRATOR]

IN THE MATTER OF ARBITRATION BETWEEN:

M/s aXYKno Capital Services Pvt. Ltd. …..Claimant

Versus

State of U.P. through Executive Director of State Water and

Sanitation Mission

….Opposite Party

APPEARANCE:

For Claimant: Mr. Abhinav S. Gonnade, Advocate and Mr. Manoj

Mishra, Advocate.

For Respondent: Mr. Sudeep Kumar, Advocate, Mr. Samir Om,

Advocate, Ms. Radhika Varma, Advocate, Mr. Siddhartha Kumar,

Advocate, Mr. Madhav Om, Advocate along with Mr. Sewa Lal, Mr.

Ankur Bajpai and Mr. Yogesh Joshi, Technical Consultants from SWSM.
 2

ORDER DATED 26.02.2023

1. Heard Mr. Abhinav S. Gonnade, Advocate alongwith Mr. Manoj

Mishra, Advocate for Claimant. During course of arguments the
learned Counsel for Claimant supplied a compilation of relevant
case laws, which have been relied upon by the Claimant in
support of the arguments advanced. Besides the same a
printout of certain provisions of GST Act as downloaded from
its official website has also been made available to the Tribunal
in support of the argument regarding the rate of GST applicable
on the services in question. Learned Counsel for Claimant have
concluded their arguments, and they reserve their right to
argue in Rejoinder after conclusion of arguments of
Respondent.

2. In compliance of the Order passed by the Tribunal on

03.02.2023, corrected on 14.02.2023, the Claimant has already
deposited the fee required to be paid by it with each Arbitrator.

3. Learned Counsel for Claimant have apprised the Tribunal that

the Claimant has filed an Application under Section 29A(5) of
the Arbitration and Conciliation Act, 1996 before the Hon’ble
High Court sitting at Lucknow on 25.02.2023 which has been
registered as Civil Misc. Arbitration Application No. 13/2023
and the same is listed on 28.02.2023.

4. As per the second proviso to Section 29A(4) of the Arbitration

and Conciliation Act, 1996, the mandate of Arbitrator continues
 3

till the disposal of the Application filed under Section 29A(5) of

the Arbitration and Conciliation Act, 1996. Since an Application
under Section 29A(5) of the Arbitration and Conciliation Act,
1996 has already been filed by the Claimant which is pending
adjudication, the proceedings of Arbitral Tribunal can continue
and are being continued subject to the outcome of the
Application under Section 29A(5) of the Arbitration and
Conciliation Act, 1996.

5. Since the Claimant has already concluded its argument today

itself, the date fixed for 27.02.2023 is hereby cancelled.

6. The learned Counsel for Respondent has to commence his

arguments. For the aforesaid purpose, as agreed upon between
the parties, the matter is now fixed for 01.04.2023 at 11:30
AM. In case the arguments are not concluded on 01.04.2023, the
same shall continue on 02.04.2023 at 10:00 AM. The venue
will be arranged by the parties as per their respective
arrangement.

ANANT TEWARI GAURAV MEHROTRA PRITISH KUMAR

Advocate Advocate Advocate
Co-Arbitrator Co-Arbitrator Presiding Arbitrator