Rajasthan High Court - Jaipur
Mukesh Das S/O Sh. Madan Mohan Das vs M/S Gkb Construction Llp on 13 July, 2022
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Arbitration Application No. 9/2022
1. Mukesh Das S/o Sh. Madan Mohan Das, Aged About 36
Years, Resident Of House No. 3, Shiv Vihar, Meenawala,
Sirsi Road, Panchyawala, Jaipur-302034.
2. Rajesh Kumar Das S/o Sh. Madan Mohan Das, Resident
Of House No. 3, Shiv Vihar, Meenawala, Sirsi Road,
Panchyawala, Jaipur-302034.
----Petitioners
Versus
M/s Gkb Construction Llp, Regd. Office At Gurudham, First Floor,
Front Wing, 56, Devdhara Colony, Murlipura Jaipur-302039
Through Its Partner Fateh Singh.
----Respondent
For Petitioner(s) : Mr. Prashant Sharma for Mr. Rahul Kamwar For Respondent(s) : Mr. Ayush Sharma Mr. Himanshu Kaushik HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order 13/07/2022
1. This Arbitration Application has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of sole arbitrator.
2. It is contended by counsel for the applicant that the construction contract was entered into between the applicant and the non-applicant. As per the Clause 6 of the Agreement, in a case of any dispute arising between the parties, the same was to be resolved in accordance with law of Arbitration of Conciliation Act. (Downloaded on 19/07/2022 at 09:29:03 PM)
(2 of 2) [ARBAP-9/2022]
3. Counsel for the non-applicant/respondent has no objection to the appointment of the arbitrator. He has stated that he has also a claim, as the amount has not been paid to him.
4. I have considered the contentions.
5. Since the arbitration clause is not disputed by both the parties and parties have no objection to the appointment of a sole arbitrator, this Court deems it proper to allow the Arbitration Application.
6. Accordingly, Arbitration Application stands allowed.
7. This Court appoints Mr. Justice G R Moolchandani (Retd.) Plot No.213, Taru Chhaya Nagar, Tonk Road, Jaipur, as an Arbitrator to decide the dispute.
8. The appointment of the sole arbitrator is subject to the declarations being made under Section 12 of the Arbitration & Conciliation Act, 1996 with respect to independence and impartiality, and the ability to devote sufficient time to complete the arbitration within the prescribed period.
9. The Arbitrator shall be entitled to lay down fees as provided under Manual of Procedure for Alternative Disputes Resolution, 2009 as amended from time to time.
10. Registry is directed to intimate Mr. Justice G R Moolchandani (Retd.) and obtain his formal consent.
(PANKAJ BHANDARI),J ARTI SHARMA /13 (Downloaded on 19/07/2022 at 09:29:03 PM) Powered by TCPDF (www.tcpdf.org)