Rajasthan High Court
M.L Hospitality (Registered ... vs R.S Sharma (Delhi) Pvt. Ltd on 18 November, 2021
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4814/2021
M.l Hospitality (Registered Partnership Firm), Registered Address
A-11, Basant Bahar, Gopalpura Mode, Jaipur 302015, Through
Its Partner Mr. Mukesh Kumar Khandelwal.
----Petitioner
Versus
R.s Sharma (Delhi) Pvt. Ltd, Having Its Registered Office At
Sahakar Marg, Lal Kothi, Tonk Road, Jaipur-302015, Rajasthan
And At Shop No.-5, Dda Complex, Gulmohar Park, Delhi, 110049
In.
----Respondent
For Petitioner(s) : Mr. Saurabh Jain, Adv.
For Respondent(s) : Mr. Vikram Jonwal, Adv. alongwith
Mr. L.L. Gupta, Adv.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
18/11/2021
This writ petition has been filed by the petitioner challenging
the order dated 24.03.2021.
With the consent of the parties, the matter is heard finally.
By way of this writ petition, the petitioner has challenged the
order dated 14.03.2021 passed by the Commercial Court, Jaipur
whereby the application submitted by the petitioner for
appointment of the Court Commissioner was rejected.
Brief facts of the case are that the petitioner filed an
application under Section 9 of the Arbitration and Conciliation Act,
1996 (hereinafter to be referred as Act of 1996), upon which the
commercial Court vide order dated 11.08.2020 directed to
maintain status quo and during pendency of the said application,
(2 of 3) [CW-4814/2021]
the petitioner filed an application for appointment of the Court
Commissioner and the said application was dismissed by the
Commercial Court vide order dated 24.03.2021, hence this writ
petition has been filed by the petitioner.
Counsel for the petitioner submitted that for just decision of
the application filed by the petitioner under Section 9 of the
Arbitration and Conciliation Act, 1996 , the Court Commissioner is
required to be appointed. Counsel further submitted that the
Commercial Court has committed serious illegality in not
appointing the Court Commissioner as prayed by the petitioner.
Counsel appearing on behalf of the respondents submitted
that the Commercial Court has not committed any illegality in
dismissing the application submitted by the petitioner as the court
commissioner cannot be appointed for collecting the evidence.
Counsel further submits that after the order dated 24.03.2021
passed by the learned commercial court, the petitioner filed an
application under Section 11(6) of the Act which was allowed by
this court vide order dated 26.08.2021 and Hon'ble Mr. Justice
K.C. Sharma (Retd.) was appointed as Arbitrator. Counsel further
submits that before the learned Arbitrator, the petitioner again
filed an application for appointment of Court Commissioner which
was allowed by the learned Arbitrator appointing Sh. Abhi Goyal as
Commissioner who has also submitted its report on 11.10.2021
and prayed for dismissal of the writ petition.
In support of his contentions, counsel for the respondents
relied upon the judgment passed by this Court in the matter of
Prem Ratan Vs. Rent Tribunal, Jaipur & Anr. reported in
2012(3) CDR 1589 (Raj.).
Heard counsel for the parties and perused the record.
(3 of 3) [CW-4814/2021]
This writ petition filed by the petitioner deserves to be
dismissed for the reasons; firstly, the commercial Court has not
committed any illegality in dismissing the application submitted by
the petitioner for appointment of Court Commissioner as the
commissioner cannot be appointed for collecting evidence and in
subsequent developments, the arbitrator has already been
appointed in this matter on the application submitted by the
petitioner; secondly, Arbitrator has already appointed the Court
Commissioner who has submitted his report to the Arbitrator in
this matter, therefore, considering the facts and circumstances of
the present and in view of subsequent development, I am not
inclined to exercise the jurisdiction of this court under Article 227
of the Constitution of India.
Hence, this writ petition stands dismissed.
(INDERJEET SINGH),J
Jyoti/48
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