Rajasthan High Court - Jodhpur
M/S Ashutosh Buildtech Pvt. Ltd vs M/S Sb Enterprises on 24 April, 2024
Author: Madan Gopal Vyas
Bench: Madan Gopal Vyas
[2024:RJ-JD:15879]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Arbitration Application No. 36/2023
M/s Ashutosh Buildtech Pvt. Ltd., B-304 S.p.s. Residency
Vaibhav Khand, Indrapuram Ghaziabad Through Its Director
Abhinav Singhal Son Of Prakash Chand Age 40 Years.
----Petitioner
Versus
1. M/s Sb Enterprises, Flat No. 1402. Rom Tower Ganpati
Word, Tdi City, Fatehabad Road, Agra District Agra And
Having Its Head Office At A-1, Shastri Nagar, Dalle Khan
Chakki Choraha, Pal Road Jodhpur Through Its Proprietor
Sh. Sukhram Vishnoi.
2. Sukhram Vishnoi, Proprietor M/s Sb Enterprises, Flat No.
1402. Rom Tower Ganpati Word, Tdi City, Fatehabad
Road, Agra District Agra And Having Its Head Office At A-
1, Shastri Nagar, Dalle Khan Chakki Choraha, Pal Road
Jodhpur.
3. General Manager/ Project Manager, Sb Enterprises Flat
No. 1402 Tower Ganpati Word Tdi City, Fatehabad Road
Agra District Agra.
----Respondents
For Petitioner(s) : Mr. Dev Kishan Gaur
For Respondent(s) : Mr. K.K. Shah
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Judgment DATE OF JUDGMENT: 24/04/2024 The present Arbitration Application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act of 1996") has been preferred by the applicant seeking appointment of an independent sole arbitrator in terms of Clause 14 of the agreement dated 26.02.2021.
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2. Learned counsel appearing for the applicant submits that applicant is a private limited company and is a registered Government Contractor firm and the firm is engaged in executing construction work of civil nature on contract basis for various government and non-governmental organizations/departments. It is submitted that an agreement/work order was executed on 26.02.2021 between the respondent and applicant regarding construction of 4200 Kilo Litre Over Head Service Reservoirs (OHSR) for the work related to 24x7 water supply project under Agra Smart City, Agra, Uttar Pradesh to be constructed at Zone 3 & 4 Nawada Bazar Tajganj, Agra (hereinafter referred as to work in question) and the total cost of the contract was Rs. 4,20,00,000/- and the work was to be completed within a period of nine months from the date of approval of design and drawing for completion of OHSR. It is submitted that there was dispute between the applicant and the respondent during the period of execution of the work and a number of letters/reminders were served by the applicant upon the respondent informing that it has suffered financial losses caused due to hurdles in the work, but the respondents were completely negligent towards that problems faced by the applicant.
3. Further, it is submitted that Clause 14 of the said agreement provides for jurisdiction and dispute resolution. As per the Clause 14, all disputes are subject to Jodhpur jurisdiction and, if any dispute arises during the course of execution of allotted work, the same shall be resolved through appointment of Arbitrator as per the Act of 1996. Therefore, it is submitted that a dispute between the applicant and the respondent has arisen and as per Clause 14 (Downloaded on 25/04/2024 at 08:39:49 PM) [2024:RJ-JD:15879] (3 of 3) [ARBAP-36/2023] of the agreement, the arbitrator was required to be appointed by the respondents, but despite the legal notice dated 31.10.2022 for appointing arbitrator, the respondents failed to appoint the Arbitrator, therefore, the present application has been preferred by the applicant seeking a prayer to appoint an Arbitrator.
4. During the course of arguments, learned counsel appearing for the applicant has proposed the name of Hon'ble Mr. Justice Govind Mathur (Retired) to be appointed as the sole Arbitrator.
5. Learned counsel appearing for the respondents is not in position to dispute the fact that there was Clause 14 in the agreement for appointment of Arbitrator, in case there is dispute between the parties. Learned counsel appearing for the respondents is in agreement that Hon'ble Mr. Justice Govind Mathur (Retired) may be appointed as an Arbitrator in the present matter to resolve the dispute between the applicant and the respondents.
6. In view of the above agreement arrived at between both the parties, the applicant's application for appointment of Arbitrator deserves to be allowed, hence allowed. Therefore, Hon'ble Mr. Justice Govind Mathur (Retired), R/o Air Force Road, Jodhpur is appointed as an Arbitrator in the instant case, who may fix his arbitral fees in accordance with the Manual of Procedure for Alternative Dispute Resolution, 2009.
(MADAN GOPAL VYAS),J 103-Dinesh/-
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