M/S Shree Ram Developers vs M/S Sesame Foods Private Limited
2022 Latest Caselaw 4785 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Arbitration Application No. 37/2022

M/s Shree Ram Developers, Registered Office At 1, Dayal Nagar
Gopalpura Bye-Pass, Jaipur Through Its Partner Shri Ashok
Kumar Agarwal Son Of Shri Suraj Mal Agarwal, Resident Of B-
281 And 282, 10-B Scheme, Gopalpura Bye-Pass, Jaipur,
                                                                     ----Petitioner
                                     Versus
1.      M/s Sesame Foods Private Limited, Registered Office At
        D-41, Defence Colony, New Delhi-110024 Through Its
        Director Mr. Rohit Khaitan, Resident Of House No. 454,
        Sector 15-A, Noida, Uttar Pradesh.
2.      Mr. Rohit Khaitan Son Of Mahesh Kaitan, Director Of M/s
        Sesame Foods Private Limited, Resident Of House No.
        454, Sector 15-A, Noida, Uttar Pradesh.
                                                                  ----Respondents

For Petitioner(s) : Mr. Shailendra Kumar for Mr. Alok Chaturvedi For Respondent(s) : None present

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

13/07/2022

1. This Arbitration Application has been filed under Section 11

(6) of the Arbitration and Conciliation Act, 1996 for appointment

of sole arbitrator.

2. No one has put in appearance on behalf of the non-applicant

inspite of service.

3. I have perused the arbitration clause.

4. It is evident from perusal of the arbitration clause that Sub-

clause 10 of Clause 14 of the agreement provides resolution of

dispute by a sole arbitrator. The sole arbitrator, as per this clause

(2 of 2) [ARBAP-37/2022]

of the agreement is to be appointed by a mutual consent by both

the parties. It is contended that the applicant has given notice to

the respondent on 28.01.2022 suggesting the name of Shri Gopal

Krishna Garg, Sr. Adv., requesting non-applicant to agree to

appointment of an independent arbitrator. It is evident that inspite

of receipt of notice, the non-applicant has not agreed to the

appointment of the arbitrator. Hence, this Court deems it proper to

allow the arbitration application.

5. Accordingly, Arbitration Application stands allowed.

6. This Court appoints Mr. Justice Vijay Kumar Vyas. (Retd.) F-

48, 6-D, Engineers Colony Behind Swarn Garden, New Sanganer

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

7. 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.

8. 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.

9. Registry is directed to intimate Mr. Justice Vijay Kumar Vyas.

(Retd.) and obtain his formal consent.

(PANKAJ BHANDARI),J

ARTI SHARMA /14

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