M/S Tata Projects Ltd vs Jaipur Development Authority
2022 Latest Caselaw 2141 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

           S.B. Arbitration Application No. 105/2021

1.       M/s Tata Projects Ltd., A Company Incorporated Under
         The Companies Act, 1956, Having Its Registered Office At
         Mithona Towers-1, 1-7-80 To 87, Prenderghast Road,
         Secunderabad-500003                (Telangana).          (Referred    To
         Collectively As Tpl-Sucg Consortium)
2.       Sucg International Engineering Co. Ltd, Incorporated
         Under The Laws Of Peoples Republic Of China, Having Its
         Registered Office At Room 803, 5Th Floor, Building 1, No.
         468, New Siping Road, Fengxian District, Shanghai-
         201412, China. (Referred To Collectively As Tpl-Sucg
         Consortium)
                                                                   ----Petitioners
                                     Versus
Jaipur Development Authority, Through Secretary, Indira Circle,
Jawahar Lal Nehru Marg, Jaipur (Raj.) And Through Director
Engineering-Ii, Indira Circle, Jawahar Lal Nehru Marg, Jaipur
(Raj.)
                                                                  ----Respondent

For Petitioner(s) : Mr. Kamlakar Sharma, Sr. Adv. with Mr. Sandeep Pathak & Mr. Arnav Singh For Respondent(s) : Mr. M.S. Singhvi, Advocate General through VC Mr. Sheetanshu Sharma

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

10/03/2022

1. This Arbitration Application has been filed under Section 11

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

of sole arbitrator.

2. It is informed by counsel for the applicant that as per the

terms of the agreement one arbitrator was to be appointed by the

(2 of 2) [ARBAP-105/2021]

applicant and one arbitrator was to be appointed by the

respondent. In terms of the agreement, applicant had nominated

Hon'ble Mr. Justice A.K. Sikari, Former Judge of the Hon'ble

Supreme Court as nominee Arbitrator on behalf of the applicant.

3. After filing of this Petition, by way of reply non-applicant has

suggested the name of Hon'ble Mr. Justice B.S. Chauhan, Former

Judge of the Hon'ble Supreme Court as its nominee Arbitrator for

the Arbitration Tribunal.

4. I have considered the contentions.

5. Since both the parties have nominated the Arbitrators and

now a presiding arbitrator is to be nominated by the Arbitrators,

the present Arbitration Application stands disposed of.

6. The Arbitrators would nominate the presiding Arbitrator

within four weeks of production of the certified copy of the order

before the Arbitrators.

7. The Arbitrators shall be entitled to lay down fees as provided

under Manual of Procedure for Alternative Disputes Resolution,

2009 as amended from time to time.

(PANKAJ BHANDARI),J

ARTI SHARMA /18

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