Rajasthan High Court - Jodhpur
M/S Inderjeet Singh Construction Co vs Rajasthan State Agri. Mark. Board & Anr on 2 February, 2018
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Arbitration Application No. 21 / 2017
M/s Inderjeet Singh Construction Company, Sole Ownership Firm
Situated At V.P.O. 40F, Tehsil Sri Karanpur, District Sri Ganganagar,
Through Its Owner Inderjeet Singh Son of Shri Harbans Singh,
Resident of Sri Ganganagar.
----Petitioner
Versus
1. Rajasthan State Agricultural Marketing Board Through Its
Chairman, Pant Krishi Bhawan, Jaipur.
2. The Executive Engineer, Rajasthan State Agricultural Marketing
Board Division New Mandi Premises, Sri Ganganagar.
----Respondents
_____________________________________________________
For Petitioner(s) : Ms.Rekha Borana
For Respondent(s) : Mr.S.G.Ojha
_____________________________________________________
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 02/02/2018
1. Heard learned counsel for the parties.
2. Arbitrator was appointed by the order of District Judge, Sri Ganaganagar in S.B.C.M.A. No.311/97 vide order dated 01.05.2000.
3. No award yet has been passed by which according to learned counsel for the applicant because several objections were raised and objections were filed in the District Court, Sri Ganganagar and then High Court.
4. Be that as it may be, unfortunately, the Arbitrator Shri H.C. Sharma expired on 15.12.2008. Thereafter, Shri S.C.Patni was appointed as Arbitrator, but unfortunately, Shri Patni also (2 of 2) [ARBAP-21/2017] expired on 24.10.2015, and therefore, the applicant prays that new Arbitrator may be appointed under the provisions of the Act of 1996. Fact is not in dispute that the aforenamed two Arbitrators unfortunately expired, and therefore, new Arbitrator is required to be appointed.
5. Mr. Pankaj Upreja, Advocate r/o House No.47A, Prem Villa, Street No.1, Setia Colony, Sri Ganganagar is appointed as Arbitrator and it is made clear that he may fix the fees and expenses which shall be borne by both the parties. The arbitrator may fix the liability of said amount by both the parties or any of the parties as per his judicial discretion. The Arbitrator may collect the record of the arbitration proceedings and may start from the stage which was last in the arbitration proceedings and may need not to start de novo proceedings. If learned Arbitrator may not get arbitral proceedings record because of any reason, he may ask the parties to submit the relevant documents and may proceed with that record.
6. The present arbitration application stands disposed of accordingly.
(DR. PUSHPENDRA SINGH BHATI)J. Skant/-