Rajasthan High Court - Jaipur
Jaipur Centre Devlopers Pvt Ltd & Ors vs M/S Siddhi Vinayak Colonizers And ... on 8 September, 2017
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S. B. Arbitration Application No. 68 / 2016
1. Jaipur Centre Developers Private Limited a Company
Incorporated Under the Provisions of the Companies Act. 1956,
Having Its Registered Office At 6th Floor, Mahindra Towers, 2-A,
Bhikaji Cama Place, New Delhi-110056 At Present 402-A, Floor 4th
Plot -21 Panchratna, Mama Parmanand Marg, Opera House
Girgaon, Mumbai, Maharashtra 400004 and Corporate Office At
Sector-B, House No. 4, Ashram Marg, Durgapura Bye Pass, PWD
Chowki, Tonk Road Jaipur 302018 Through Its Director Mr. Deepak
Jain.
2. Deepak Jain, S/o Sh. Kanwarlal Jain Working for Gain At 210,
Panchratna Opera House Mumbai-400004.
3. Kailash Agarwal S/o Sh. Shriram Agarwal Presently Residing At
13, Sankheshwar Darshan, A.G.P. Cross Lane, Byculla (East)
Mumbai 400027)
----Applicants
Versus
1. M/s Siddhi Vinayak Colonisers a Registered Partnership Firm
Having Its Office At Siddhi Vinayak", D-54, Ashok Marg, C-
scheme, Jaipur.
2. Mukund Farms Private Limited a Company Incorporated Under
the Companies Act, 1956, Having Its Registered Office At Siddhi
Vinayak D-54 , Ashok Marg, C-scheme, Jaipur.
3. Smt. Asha Parwal W/o Shri K.C. Parwal C/o M/s Siddhi Vinayak
Colonisers Siddhi Vinayak D-54, Ashok Marg, C-Scheme, Jaipur.
----Respondents
_____________________________________________________ For Petitioner(s) : Ms. Sunita Pareek. For Respondent(s) : Mr. Nikhil Saini on behalf of Mr. Prateek Mathur.
_____________________________________________________ HON'BLE MR. JUSTICE MOHAMMAD RAFIQ Order 08/09/2017 This application has been filed by the applicants seeking appointment of independent Arbitrator to resolve their disputes with the non-applicants.
(2 of 2) [ARBAP-68/2016] Learned counsel for the non-applicants 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 applicants submitted that in these circumstances, liberty may be granted to the applicants 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 applicants to file fresh arbitration application after getting the agreement sufficiently stamped.
(MOHAMMAD RAFIQ)J. Manoj/12