Rajasthan High Court - Jaipur
Shri Praveen Agarwal vs Megha Sweet Home Pvt Ltd on 18 August, 2017
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Arbitration Application No. 79 / 2016
Shri Praveen Agarwal S/o Shri Gyan Chand Agarwal, Aged About
43 Years, R/o J-11, Himmat Nagar, Tonk Road, Jaipur.
----Applicant
Versus
1. Megha Sweet Home Private Limited, a Registered Company
Under the Companies Act, having Registered Address At 370, Shri
Gopal Nagar, Gopalpura Bypass Jaipur. Rajasthan Through Its
Director Shri Sitaram Meea S/o Shri Sawantram Meena
2. Shri Sitaram Meena S/o Shri Sawantram Meena, Director of
Megha Sweet Home Private Limited a Registered Company Under
the Companies Act, Having Registered Address At 370, Shri Gopal
Nagar, Gopalpura Bypass, Jaipur. Rajasthan.
----Non-Applicants
_____________________________________________________
For Petitioner(s) : Shri Amrit Surollia and Shri Aditya Surollia
For Respondent(s) : --
_____________________________________________________ HON'BLE MR. JUSTICE MOHAMMAD RAFIQ Order 18/08/2017 This application has been filed by the applicant seeking appointment of independent Arbitrator to resolve his disputes with the non-applicants. However, 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 (2 of 2) [ARBAP-79/2016] circumstances, liberty may be granted to the applicant to file fresh 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/12