Rajasthan High Court - Jaipur
M/S Kishan Gopal Rungta Pvt. Ltd vs Rays Power Experts Private Ltd on 11 August, 2020
Author: Indrajit Mahanty
Bench: Chief Justice
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Arbitration Application No. 82/2019
M/s Kishan Gopal Rungta Pvt. Ltd., A Company Incorporated
Under The Companies Act. 1956 Having Its Head Office At H-25,
Chitranjan Marg, C-Scheme Jaipur 302001, Through Mr. Piyush
Rungta.
----Petitioner
Versus
1. Rays Power Experts Private Ltd., 29, Cooperative Colony,
Ajmer Road, Sodala Jaipur (Rajasthan) Through Director,.
2. Mr. Rahul Gupta, Authorized Signatory Of M/s Rays Power
Experts Private Limited 4Th Floor, Sheel Mohar Plaza ,
Yudhishter Marg, C-Scheme Jaipur 302001
----Respondents
For Petitioner(s) : Mr. Devi Dutt Sharma For Respondent(s) :
HON'BLE THE CHIEF JUSTICE Order 11/08/2020
1. Office note indicates that service of notice upon respondents is sufficient but no one has entered appearance for and on behalf of the respondents.
2. Heard learned counsel for the applicant.
3. This arbitration application has been filed under Sections 10 & 11 of the Arbitration & Conciliation Act, 1996 (hereinafter to be referred as 'the Act of 1996') and Amended Act, 2015 for appointment of an Arbitrator.
4. There exists an arbitration clause No. 37.3.1 in the agreement, which reads as under:-
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(2 of 2) [ARBAP-82/2019]
"37.3.1 All disputes, controversies or claims
between the parties which cannot be mutually resolved within a reasonable time shall be referred to Arbitration by a sole arbitrator. The SELLER shall suggest a panel of three independent and distinguished persons to the PURCHASERS to select any one among them to act as the sole Arbitrator."
5. Accordingly, this Court directs appointment of Hon'ble Mr. Justice P.S. Asopa (Retd.) (7-Dha-6, Jawahar Nagar, Jaipur) to act as an Arbitrator and to decide all issues. The arbitration fees shall be in accordance with fourth schedule of the Act of 1996.
6. The parties are at liberty to raise all such objections before the Arbitrator.
7. 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.
8. The application is accordingly allowed.
(INDRAJIT MAHANTY),CJ NAVAL KISHOR/HARSHIT/10 (Downloaded on 14/08/2020 at 09:11:09 PM) Powered by TCPDF (www.tcpdf.org)