Rajasthan High Court - Jaipur
M/S Sand Dune Construction Private ... vs Pratap University Registered Under The ... on 6 March, 2020
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Arbitration Application No. 103/2018
M/s Sand Dune Construction Private Limited, (A Company
Registered Under Companies Act. 1956) Having Its Registered
Office At D-29 Shanti Path Tilak Nagar Jaipur Through Its
Authorized Signatory Shri Ravi Mathur S/o Shri R.b. Mathur
----Petitioner
Versus
1. Pratap University Registered Under The Pratap University
Jaipur Act. 2011 (Act No. 20 Of 2011), Having Its Office
At Sundar Pura (Chandvaji) Amer Delhi-Mumbai Highway
Jaipur Rajasthan Through Its Authorised Signatory Sh. R
K Rohla Cfo
2. The Registrar Pratap University, Sundarpura (Chandvaji)
Amer Delhi Mumbai Highway Jaipur
3. Sh. R.k. Rohila Cfo And Authorised Signatory Pratap
University, Registered Under The Pratap University Jaipur
Act. 2011 (Act No. 20 Of 2011) Having Its Office At
Sundar Pura (Chandvaji) Amer Delhi-Mumbai Highway
Jaipur Rajasthan
----Respondents
For Petitioner(s) : Mr. N.L. Agrawal
For Respondent(s) : Ms. Vartika Mehra for Mr. Sandeep
Pathak
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 06/03/2020
1. The applicant claims dues as against the non-applicants on the basis of lease deed. In the lease deed, there is an arbitration clause, which provides as under:-
"23.1. The parties do hereby agree that any claim, controversy, or other dispute between them relating to this Agreement or its interpretation will be submitted to arbitration of a sole Arbitrator nominated and appointed by both the parties in accordance with (Downloaded on 07/03/2020 at 09:25:22 PM) (2 of 3) [ARBAP-103/2018] the provisions of the Arbitration and Conciliation Act, 1966 ("Act") or any of its subsequent amendments. The arbitration hearings, proceedings and all meetings held pursuant to this Clause shall be held in Jaipur, India and shall be conducted in English. The decision of the arbitrator shall be shared equally by the Parties and each Party shall bear its own legal costs, unless the arbitrator determines in the award that their expenses, and/or the legal costs, shall be otherwise assessed."
2. As initially the matter was sent for mediation but the mediation failed, admittedly, there is a dispute relating to the claim.
3. Learned counsel appearing for the non-applicant/s relies on the judgment passed by the Supreme Court in the case of Booz Allen and Hamilton Inc. Vs. SBI Home Finance Ltd. & Ors., reported in AIR 2011 SC 2507 to contend that the eviction and tenancy matter governed by the statue would not be arbitral disputes.
4. However, this Court is of the firm view that while dealing with the application under Section 11 of the Arbitration and Conciliation Act, this Court is not required to examine the nature of dispute and whether dispute is arbitral or not and the same would be within the exclusive domain of the concerned Arbitrator in terms of Section 16 of the Act 1966.
5. In view thereof, this Court deems it appropriate to appoint an Arbitrator with liberty to the parties to set up their claims and also objections relating thereto.
(Downloaded on 07/03/2020 at 09:25:22 PM)
(3 of 3) [ARBAP-103/2018]
6. Taking into consideration that a dispute has arisen between the parties which requires to be adjudicated in terms of arbitration agreement and the matter requires to be taken up before an Arbitrator to be appointed in terms of the Act of 1996, this court appoints Justice Banwari Lal Sharma (Retd.), 49-50, 4D, Campus, Mahaveer Nagar-I, Near Murlipura Police Station, Jaipur as an Arbitrator to adjudicate and decide the dispute raised by the parties. Both the parties shall remain present before the Arbitrator on the suitable date to be fixed by him. The fee of the Arbitrator shall be governed by the Manual of 2009, as amended from time to time. The formal consent of Justice Banwari Lal Sharma (Retd.) shall be taken for the said purpose.
7. The arbitration application is accordingly disposed of.
(SANJEEV PRAKASH SHARMA),J FATEH RAJ BOHRA /6-273 (Downloaded on 07/03/2020 at 09:25:22 PM) Powered by TCPDF (www.tcpdf.org)