Rajasthan High Court - Jaipur
M/S Om Salasar Developers vs Sh Raghu Nath Prasad Jain on 1 September, 2017
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Arbitration Application No. 29 / 2017
1. M/s. Om Salasar Developers, Through Its Partner Shri
Rachit Agarwal, S/o Shri Om Prakash Gupta, Registered
Office At 409-413, Arcade, K-12, Malviya Marg, C-
Scheme, Jaipur.
----Appellant
Versus
1. Sh. Raghu Nath Prasad Jain, S/o Sh. Govind Ram Jain,
R/o. Plot No. 9, Dev Nagar, Tonk Road, Jaipur.
----Respondent
For Appellant(s) : Mr. R.S. Mehta
For Respondent(s) : Mr. Himanshu Sharma
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
Order
01/09/2017
This application has been filed by the applicant seeking appointment of independent Arbitrator to resolve his 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 arbitration application after getting the agreement sufficiently stamped.
(2 of 2) [ARBAP-29 / 2017] 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 //Jaiman//22