Rajasthan High Court - Jaipur
Surinder Singh S/O Shri Sohan Singh vs M/S Labana Developers Llp on 16 July, 2021
Author: Indrajit Mahanty
Bench: Chief Justice
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Arbitration Application No. 21/2020
Surinder Singh S/o Shri Sohan Singh, Resident Of Khanna Majra,
297, Baknaur, District Ambala, Haryana-134003, Designated
Partner M/s Labana Developers Llp
----Petitioner
Versus
1. M/s Labana Developers Llp, Through Its Designated
Partner Satpal Singh, Site Office At Village Kolilasanga,
Near Hirohama Japanese Hotel, N.h.8, Neemrana, District
Alwar (Raj) And Registered Office At 18, 2Nd Floor, Mgf
Megacity, Mg Road, Gurgaon, Haryana -122002
2. Satpal Singh S/o Shri Banta Singh, Resident Of Flat No.
002, Tower-01, Vipul Greens, Sohna Road, Gurugram
Haryana-122001, Designated Partner M/s Labana
Developers Llp
3. Atul Kumar S/o Shri Dalel Singh, Resident Of 263, Aterna
Sonipat, Haryana, Designated Partner M/s Labana
Developers Llp
4. Ayush Agarwal S/o Shri Sanjeev Kumar, Resident Of
House No. 542/16, Civil Line, Baraf Khana, Gurugram ,
Haryana 121001, Designated Partner M/s Labana
Developers Llp
----Respondents
For Petitioner(s) : Mr. Gaurav Gupta
For Respondent(s) : Mr. Alok Chaturvedi
HON'BLE THE CHIEF JUSTICE
Order
16/07/2021
I.A. No.1/2021:-
The application for appointment of an arbitrator in pursuance to clause of Part-IX of Developers Agreement dated 27.07.2017 is allowed for the reasons mentioned therein. (Downloaded on 20/07/2021 at 09:36:03 PM)
(2 of 3) [ARBAP-21/2020] I.A. No.2/2021:-
The application seeking amendment in prayer clause in Arbitration Application No.21/2020 also stands allowed as no objection is raised by the respondents in this respect. S.B. Arbitration Application No. 21/2020:-
1. Heard learned counsel for the respective parties.
2. The applicant has moved an application seeking appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter to be referred as the 'Act of 1996'), claiming therein that certain disputes have arisen.
3. Learned counsel for the applicant placed reliance on Clause Part-IX of Development Agreement dated 27.07.2017 (Annexure-
4) & Clause 13.4 of Reconstituted LLP Agreement dated 16.12.2019 (Annexure-10) of the agreement which contains the following Arbitration Clause:-
ÞHkkx &uoe e/;LFkrk % ;g fd Hkwfe ekfyd o fodkldrkZ ds e/; bl vuqca/k ds laca/k esa mRiUu leLr fookn@iz"uksa dks ,dyiap ds le{k izsf"kr fd;k tkosxk rFkk mDr ,dyiap dk fu.kZ; vafre gSA nksuksa i{kdkjksa ij ck/;dkjh gksxkA ;g fd e/;LFkrk okn dh dk;Zokgh dk LFkku uhejk.kk cgjksM+ gksxk rFkk e/;LFke ,oa lqyg vf/kfu;e 1996 ds izko/kku ykxw gksaxsAß 13.4. Whenever any difference or dispute arises between the LLP on the one hand and any of the Partners or their heirs, executors administrators, nominees or assignees on the other hand or between the Partners inter-se or their respective heirs, executors administrators, nominees or assign inter-se touching the intent, construction or incident or consequences or these Articles or touching anything done, executed, omitted or suffered in pursuance thereof or to any affairs of the LLP, every such disputes or difference shall be referred to the independent arbitrator appointed by both the parties and it will be no objection that he had to deal with such disputes, or differences and it is only after an Award is given by such Arbitrator that the parties will be entitled to take (Downloaded on 20/07/2021 at 09:36:03 PM) (3 of 3) [ARBAP-21/2020] any other proceedings relating to such disputes, differences and award. The language of arbitration shall be in English and the venue of arbitration shall be at GURGAON, (HARYANA).
The award made by such Arbitrator shall be final and binding on the parties. The arbitration shall be conducted according to the provisions of the Arbitration and Conciliation Act, 1996."
4. On consent of the parties, this Court directs appointment of Hon'ble Mr. Justice P. S. Asopa (Retd.) R/o 7-DHA
-6, Near Petrol Pump, Jawahar Nagar, Jaipur to act as an Arbitrator and to decide all issues without prejudice to the rights and contentions raised in the present application and in the reply. The arbitration fees shall be in accordance with fourth schedule of the Act of 1996.
5. The parties are at liberty to raise all such objections before the Arbitrator.
6. Registry is directed to intimate Hon'ble Mr. Justice P.S. Asopa (Retd.) of his appointment as Arbitrator and parties are at liberty to call upon reliable date for necessary directions.
7. The application is accordingly disposed of.
(INDRAJIT MAHANTY),CJ BM Gandhi/Harshit/47 (Downloaded on 20/07/2021 at 09:36:03 PM) Powered by TCPDF (www.tcpdf.org)