Mukesh Das S/O Sh. Madan Mohan Das vs M/S Gkb Construction Llp
2022 Latest Caselaw 4787 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Arbitration Application No. 9/2022

1.      Mukesh Das S/o Sh. Madan Mohan Das, Aged About 36
        Years, Resident Of House No. 3, Shiv Vihar, Meenawala,
        Sirsi Road, Panchyawala, Jaipur-302034.
2.      Rajesh Kumar Das S/o Sh. Madan Mohan Das, Resident
        Of House No. 3, Shiv Vihar, Meenawala, Sirsi Road,
        Panchyawala, Jaipur-302034.
                                                                 ----Petitioners
                                   Versus
M/s Gkb Construction Llp, Regd. Office At Gurudham, First Floor,
Front Wing, 56, Devdhara Colony, Murlipura Jaipur-302039
Through Its Partner Fateh Singh.
                                                                ----Respondent

For Petitioner(s) : Mr. Prashant Sharma for Mr. Rahul Kamwar For Respondent(s) : Mr. Ayush Sharma Mr. Himanshu Kaushik

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

13/07/2022

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

construction contract was entered into between the applicant and

the non-applicant. As per the Clause 6 of the Agreement, in a case

of any dispute arising between the parties, the same was to be

resolved in accordance with law of Arbitration of Conciliation Act.

(2 of 2) [ARBAP-9/2022]

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

the appointment of the arbitrator. He has stated that he has also a

claim, as the amount has not been paid to him.

4. I have considered the contentions.

5. Since the arbitration clause is not disputed by both the

parties and parties have no objection to the appointment of a sole

arbitrator, this Court deems it proper to allow the Arbitration

Application.

6. Accordingly, Arbitration Application stands allowed.

7. This Court appoints Mr. Justice G R Moolchandani (Retd.) Plot

No.213, Taru Chhaya Nagar, Tonk Road, Jaipur, as an Arbitrator to

decide the dispute.

8. 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.

9. 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.

10. Registry is directed to intimate Mr. Justice G R Moolchandani

(Retd.) and obtain his formal consent.

(PANKAJ BHANDARI),J

ARTI SHARMA /13

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