Rajasthan High Court - Jaipur
Sand Dune Construction Pvt Ltd vs Smt Mohini Devi on 18 August, 2017
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Arbitration Application No. 65 / 2016
M/s Sand Dune Constructions Private Limited (A Company
Registered Under Companies Act, 1956 ) having its registered
office At A-8 Shyam Nagar, Ajmer Road, Jaipur Through Its
Authorized Signatory Shri Ravi Mathur S/o Shri R.B. Mathur.
----Applicant-Claimant
Versus
Smt. Mohini Devi W/o Late Vaidya Shri Madan Lal Sharma Caste
Brahmin R/o Plot. No. B-100, University Marg, Bapu Nagar, Jaipur.
----Non-Applicant-Respondent
_____________________________________________________ For Petitioner(s) : Shri N.L. Agarwal For Respondent(s) : Shri K.S. Rajawat _____________________________________________________ HON'BLE MR. JUSTICE MOHAMMAD RAFIQ Order 18/08/2017 This application has been filed by the applicant seeking appointment of independent Arbitral Tribunal to resolve its disputes with the non-applicants.
Learned counsel for the non-applicant at the outset submitted that in view of the judgments of this court in Trade Swift Developers Private Limited Vs. Gopal Prasad Kanoria and others (S.B. Arbitration Application No.30/2014) and Ansal Properties and Infrastructure Limited Vs. Smt. Jhamru & Others(S.B. Arbitration Application No. 54/2015) decided on 21/10/2016, present application is not maintainable, as the agreement in the present case is not sufficiently stamped.
Learned counsel for the applicant submitted that in these circumstances, liberty may be granted to the applicant to file fresh (2 of 2) [ARBAP-65/2016] arbitration application after getting the agreement sufficiently stamped.
In view of above, the application is dismissed as not maintainable in view of the judgments of this court in Trade Swift Developers Private Limited(supra) and Ansal Properties and Infrastructure Limited(supra), however, with liberty to the applicant to file fresh arbitration application after getting the agreement sufficiently stamped.
(MOHAMMAD RAFIQ)J. RS/10