Wirksam Pharma Private Limited vs M/S Nem Enterprises A Partnership ...
2021 Latest Caselaw 7715 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Arbitration Application No. 37/2021

Wirksam Pharma Private Limited, At Plot No. 60, Basement
Ramnathpuri Near Adarsh Vidhya Mandir School, Jhotwara
Jaipur- 302012, And Manufacturing Unit At H-519/a, Riico
Industrial Area, Jhotwara Extn.-Ii, Sarna Dunger Jaipur.
                                                                   ----Petitioner
                                   Versus
1.      M/s Nem Enterprises A Partnership Firm, Through Its
        Partners, G-59, Alankar Plaza, Central Spine, Vidhyadhar
        Nagar, Jaipur 302039
2.      Sh. Narendra Kumar Jain, Partner (M/s Nem Enterprises),
        S/o Late Sh. Ladu Lal Jain, G-59, Alankar Plaza, Central
        Spine, Vidhyadhar Nagar, Jaipur 302039
3.      Mrs Anita Jhalani, Partner (M.s Nem Enterprises, ) W/o
        Sh. Sunil Kumar Jhalani, Plot No. 7, Scheme- 3, Parasram
        Nagar Dher Ke Balaji, Sikar Road, Jaipur - 302039
4.      Mrs Kanta Bhati, Partner (M.s Nem Enterprises), W/o Shri
        Khem Singh Bhati, R/o 1/233, Vidhyadhar Nagar, Jaipur -
        302039
                                                                ----Respondents

For Petitioner(s) : Ms. Gauri Jasana & Mr. Tanmay Mangal For Respondent(s) : Mr. Bal Ram Vashisth

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

16/12/2021

1. This Arbitration Application has been filed under Section 11

of the Arbitration and Conciliation Act, 1996 for appointment of

sole arbitrator.

2. It is contended by counsel for the applicant that the fact of

there being Arbitration Clause is not disputed by the opposite side.

(2 of 2) [ARBAP-37/2021]

The only prayer made before the Court is that sole and

independent arbitrator be appointed to adjudicate the dispute

between the parties.

3. Counsel for the non-applicant/respondent has no objection to

the appointment of an arbitrator.

4. I have considered the contentions.

5. The only prayer is of appointment of sole arbitrator to

adjudicate the dispute between the parties, hence, I deem it

proper to allow the Arbitration Application.

6. This Court appoints Hon'ble Mr. Justice Atul Kumar Jain

(Retd.) C-77, Vardhman Sarover Colony, Ganatpura, New

Sanganer Road, Jaipur as an Arbitrator to decide the dispute.

7. Accordingly, Arbitration Application stands allowed. 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 Atul

Kumar Jain (Retd.) and obtain his formal consent.

(PANKAJ BHANDARI),J

ARTI SHARMA /59

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