Rajasthan High Court - Jaipur
Mahima Real Estate Pvt Ltd vs M/S Ascent Buildhome Developers Ltd on 4 August, 2017
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Arbitration Application No. 45 / 2017
Mahima Real Estate Pvt. Ltd., F-1 Govind Marg, Opposite Petrol
Pump Raja Park, Jaipur Through Managing Director Dhirendra
Madan, S/o Late D.R. Madan, by Caste Punjabi, Aged 58 Years,
R/o B-22 Prabhu Marg, Tilak Marg, Jaipur
----Petitioner
Versus
M/s Ascent Buildhome Developers Ltd. (CIN U452012RJ2005PLC
20959), having Its Registered Office At J-100, Basement, Ashok
Chowk, Adarsh Nagar, Jaipur Through Its Director Murshid Ahmed
----Respondent
_____________________________________________________ For Petitioner(s) : Shri Anoop Dhand & Ms. Sangeeta Vashishtha For Respondent(s) : Shri Jatin Agrawal _____________________________________________________ HON'BLE MR. JUSTICE MOHAMMAD RAFIQ Order 04/08/2017 This application has been filed by the applicant seeking appointment of independent Arbitrator to resolve his disputes with the non-applicants.
Learned counsel for the non-applicant 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 applicant submitted that in these (2 of 2) [ARBAP-45/2017] circumstances, liberty may be granted to the applicant 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 applicant to file fresh arbitration application after getting the agreement sufficiently stamped.
(MOHAMMAD RAFIQ)J. RS/25