Rajasthan High Court - Jaipur
M/S Ratanlal Ramesh Chand vs Raj State Agriculture Marketing Board on 7 April, 2011
Author: Prem Shanker Asopa
Bench: Prem Shanker Asopa
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B.ARBITRATION APPLICATION NO.55/2008 M/s.Ratan Lal Ramesh Chand Versus Rajasthan State Agriculture Marketing Board and another DATE OF ORDER --- April 07,2011 PRESENT HONBLE MR.JUSTICE PREM SHANKER ASOPA Mr.Ashish Saksena, for the applicant Mr.R.A.Katta, for the non-applicants Heard learned counsel for the parties on the application u/s 11(6) of the Arbitration and Conciliation Act, 1996 (for short `the Act of 1996') for appointment of the Arbitrator. Counsel for the applicant submits that the dispute has arisen out of the Agreement No.06/05-06 executed between the applicant and the non applicants, with regard to the improvement and straightening of the internal road at Krishi Upaj Mandi Samiti, Kekri. There is no dispute that the arbitration Clause 23 exists in the aforesaid agreement which provides for referring the dispute to the Empowered Standing Committee for settlement. Counsel further submits that the applicant has given notice for appointment of the Arbitrator on 22.3.2008 (Anx.18) but no Arbitrator has been appointed. Counsel for the applicant also submits that since the applicant has not deposited 2% fee as referred to in the Arbitration Clause 23, the matter has not been referred to the Empowered Standing Committee. Submission of counsel for the non-applicants is that in case the applicant now deposits 2% fee, as referred to in the Arbitration Clause 23, then the non applicants are prepared to refer the dispute to the Empowered Standing Committee. In view of the aforesaid submission of counsel for the non-applicants, the application is disposed of. The applicant may deposit the 2% fees, as referred to in the Arbitration Clause 23, within a period of one month from the date of receipt of copy of this order and thereafter, the non-applicants are directed to act as per Clause 23 of the Arbitration Agreement. The application is disposed of, as indicated above.
(Prem Shanker Asopa) J.
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