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Madhya Pradesh High Court

M/S Esteem Infrabuild Private Limited vs The M.P. State Mining Corporation Ltd. on 21 May, 2024

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE VINAY SARAF
                                                   ON THE 21 st OF MAY, 2024
                                              ARBITRATION CASE No. 78 of 2022

                           BETWEEN:-
                           M/S  ESTEEM    INFRABUILD   PRIVATE LIMITED
                           THROUGH ITS AUTHORIZED SIGNATORY MANISH
                           SARASWAT REGD. OFFICE PLOT NO 315 NEMI NAGAR
                           EXTENSION VAISHALI NAGAR JAIPUR (RAJASTHAN)

                                                                                        .....PETITIONER
                           (BY SHRI J.D. SURYAVANSHI SENIOR ADVOCATE WITH SHRI KUNAL
                           SURYAVANSHI- ADVOCATE)

                           AND
                           1.    THE M.P. STATE MINING CORPORATION LTD.
                                 THROUGH     ITS    MANAGING     DIRECTOR
                                 PARYAWAS BHAWAN BLOCK NO 1(A) 2ND FLOOR
                                 JAIL ROAD ARERA HILLS (MADHYA PRADESH)

                           2.    OFFICER IN CHARGE MADHYA PRADESH STATE
                                 MINING CORPORATION LTD SARSWATI NAGAR,
                                 GOVINDPURI, THATIPUR, GWALIOR (MADHYA
                                 PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI ARUN DUDHAWAT- ADVOCATE FOR RESPONDENTS)

                                 This petition coming on for ADMISSION this day, the court passed the
                           following:
                                                               ORDER

T he present petition has been moved under Section 11 (6-A) of the Arbitration and Conciliation Act, 1996 (hereinafter referred as Act, 1996) for appointment of sole arbitrator. It is not in dispute that an agreement dated 26.12.2016 was executed between the parties and agreement is having the arbitration clause which reads as under:-

10- fooknksa dk fuiVkjk %& fuxe ,oa cksyhdrkZ ds e/; fu"ikfnr vuqca/k ls lEcf/kr fdlh fookn ds fujkdj.k gsrq fookn mRiUUk gksus ds lkr fnolksa ds Hkhrj cksyhdrkZ }kjk fuxe ds izca/k lapkyd dks vkSipkfjd :i ls fyf[kr esa fookn dk lkjHkwr vf/klwfpr fd;k tkosxkA vf/klwfpr djus ds rhl fnol ds Hkhrj fuxe ds izca/k lapkyd lEcf/kr i{kksa dh lquokbZ dj bldk fujkdj.k dj ldsaxsA ;fn fuxe ds izca/k lapkyd 30 fnol esa mUgsa lanfHkZr fd;s x;s fookn dk lek/kku djus esa vleFkZ jgrs gSa rc ,slh fLFkfr esa ;k cksyhdrkZ izca/k lapkyd }kjk fuf.kZr lek/kku ls lrq"V u gks rks vksfcZVs'ku ,.M dUlhfy;sa'ku ,DV 1996 ds varxZr lEcf/kr i{kksa }kjk fookn iap fu.kZ; gsrq izLrqr fd;k tk;sxk ,oa iap }kjk fof/k lEer fu.kZ; nksuks i{kksa dks ekU; gksxkA T he applicant submitted letter and reminders showing it's intention to discontinue to carry out sand mining operation granted to it by and by order dated 10.06.2021, permission for surrender of contract was granted to applicant, however, penalty was imposed along with interest, therefore, applicant submitted representation to the Managing Director of non- application/Corporation for resolution of dispute on 03.02.2022 and as the same was not decided, the present application is filed under Section 11 (6-A) of the Act, 1996 with a prayer to appoint a sole arbitrator to decide the dispute.

It appears that after issuance of representation dated 03.02.2022, no notice was issued to invoke the arbitration and present application has been filed straightway for appointment of arbitrator without issuance of request under Section 11 (4) (5)of the Act, 1996.

At this stage, learned senior counsel for applicant prays for withdrawal of the present application with liberty to file afresh after invoking arbitration clause.

Prayer is allowed.

The present petition is disposed of with aforesaid liberty.

(VINAY SARAF) Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 22-05-2024 11:10:56 AM 3 JUDGE Vishal Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 22-05-2024 11:10:56 AM