Madhya Pradesh High Court
M/S Diwakar Infratech Private Limtied vs Shri Rawatpura Sarkar Lok Klayan Trust ... on 24 April, 2024
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 24 th OF APRIL, 2024
ARBITRATION CASE No. 132 of 2023
BETWEEN:-
M/S DIWAKAR INFRATECH PRIVATE LIMTIED
THROUGH DIRECTOR DIWAKAR VISHWAKARMA S/O
S H R M L VISHWKARMA AGED ABOUT 37 YEARS
ADDRESS DOUBLE LOCKDOWN AAGASAUD ROAD
BINA TAHSIL BINA DISTRICT SAGAR (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI NEELESH KUMAR AWASTHI, ADVOCATE )
AND
SHRI RAWATPURA SARKAR LOK KLAYAN TRUST
SAGAR MP THROUGH MANAGER VISHAL GARG S/O
SHRI JAGDISH GARG R/O H NO 6 WARD NO 21 BEHIND
INCOME TAX DEPARTMENT GANESH VIHAR DEWAS
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ATUL NEMA, ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
Applicant has filed this application under Sections 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator.
2. It is submitted by counsel appearing for applicant that there is arbitration agreement between applicant firm and non-applicant. Applicant is a registered construction firm. Contract agreement was done on 07.03.2022. Legal notice was issued for appointment of arbitrator on 06.07.2023. Despite Signature Not Verified Signed by: MONSI MANNAKUNNIL SIMON Signing time: 25-04-2024 15:07:16 2 issuance of notice, no action has been taken for appointment of arbitrator. There is dispute between applicant and non-applicant in respect of claim of Rs. 96,11,890/-. Counsel appearing for the applicant made a prayer for appointment of Shri S.N. Khare, Retd. District & Sessions Judge, as Arbitrator in the case.
3. Counsel appearing for the non-applicant does not object to appointment of Shri S.N. Khare as Arbitrator in the case.
4. Heard the counsel for the parties.
5. Since there is consent between applicant and non-applicant for appointment of Arbitrator, therefore, arbitration case is disposed off with following directions :-
(i) Arbitration case is referred to Madhya Pradesh Arbitration Centre (Domestic and International), Jabalpur (M.P.D.I.S.E.).
(ii) Shri S.N. Khare, Retd. District & Sessions Judge R/o:
Q-55, Jasuja City, Phase-III, Behind Jasuja Tower, Dhanvantri Nagar, Jabalpur (M.P.) 482003, e-mail [email protected] is appointed as Arbitrator to resolve the dispute between the parties. ( i i i ) Director of Madhya Pradesh Arbitration Centre (Domestic and International), Jabalpur (M.P.D.I.S.E.) is directed to inform the said Arbitrator regarding his appointment and receive his consent. If said Arbitrator does not give his consent then matter may be referred to this Court for appointment of another Arbitrator.
(iv) Director in consultation with Arbitrator and parties, shall fix date of arbitration.
(v) Arbitration case will be carried out at Jabalpur (MP).
(vi) Parties are directed to deposit necessary charges and fees as per M.P. Arbitration Center (Domestic and International) Rule, 2019.
(vii) Other provisions of Section 15 (3)(4) of the Arbitration and Conciliation Act, 1996 will apply to Substitute Signature Not Verified Signed by: MONSI MANNAKUNNIL SIMON Signing time: 25-04-2024 15:07:16 3 Arbitrator.
6. With aforesaid directions, arbitration case is disposed off.
7. C.C. as per rules.
(VISHAL DHAGAT) JUDGE mms Signature Not Verified Signed by: MONSI MANNAKUNNIL SIMON Signing time: 25-04-2024 15:07:16