Rajasthan High Court - Jaipur
Surinder Singh S/O Shri Sohan Singh vs M/S Labana Developers Llp on 29 June, 2022
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Arbitration Application No. 48/2022
Surinder Singh S/o Shri Sohan Singh, Resident Of Khanna Majra,
297, Baknaur, District Ambala, Haryana-134--3, Disignated
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
Developer 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. Dinesh Kala
For Respondent(s) : Mr. R.K. Agarwal Sr. Adv. assisted by
Mr. Adhiraj Modi
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Order
29/06/2022
1. This Arbitration Application has been filed under Section 15 read with Section 11 of Arbitration and Conciliation Act, 1996 for appointment of arbitrator.
2. It is contended by counsel for the applicant that the matter was referred to sole arbitrator Hon'ble Mr. Justice P.S. Asopa (Retd.) who was appointed by the Court vide order dated 16.07.2021. His mandate has been terminated by the Court vide (Downloaded on 04/07/2022 at 09:20:12 PM) (2 of 2) [ARBAP-48/2022] order dated 03.03.2022 passed by Commercial Court Jaipur Metropolitan-II, Jaipur. It is also contended that applicant had suggested the name of Hon'ble Mr. Justice Vijay Kumar Vyas(Retd.) in reply to which the non-applicant suggested the name of Hon'ble Mr. Justice Pradeep Nandrajog(Retd. Chief Justice).
3. I have considered the contentions.
4. Counsel for the parties have agreed to the appointment of Hon'ble Mr. Justice Mohammad Rafiq(Retired Chief Justice) as an Arbitrator to decide the dispute.
5. Accordingly, the arbitration application stands allowed. Hon'ble Mr. Justice Mohammad Rafiq(Retired Chief Justice) is appointed as sole arbitrator.
6. The appointment of the sole arbitrator is subject to the declarations being made under Section 12 of the Arbitration & Conciliation Act, 1996 with respect to independence and impartiality, and the ability to devote sufficient time to complete the arbitration within the prescribed period.
7. The Arbitrator shall be entitled to lay down fees as provided under Manual of Procedure for Alternative Disputes Resolution, 2009 as amended from time to time.
8. Registry is directed to intimate Hon'ble Mr. Justice Mohammad Rafiq(Retired Chief Justice) and obtain his formal consent.
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