M/S Krg Estate And Shares Pvt. Ltd vs Aakash Promotors Developer ...
2022 Latest Caselaw 2142 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Arbitration Application No. 29/2019

M/s Krg Estate And Shares Pvt. Ltd., Registered Office At 201,
Kaley Ram Chambers, 2, East Guru Angad Nagar, Delhi - 110092
Through Authorised Representative, Dr. Rajesh Kumar Sanghi
S/o Dr. Chiranji Lal Sanghi R/o D-3/3180, Vasant Kunj, New
Delhi - 110070.
                                                                    ----Petitioner
                                     Versus
Aakash Promotors Developer Private Ltd., Through Its Director
Sh. Virendra Baid S/o Late Shri Jai Chand Lalji Baid, R/o A-45,
Janta Colony, Jaipur, Registered Office At Akash Deep Complex,
Dhula House, Bapu Bazar, Jaipur - 302003 Rajasthan.
                                                                  ----Respondent

For Petitioner(s)          :     Mr. Punit Singhvi
For Respondent(s)          :     Mr. Babu Lal 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 contended by counsel for the applicant that the

Collaboration Agreement was entered into between the petitioner

and respondent on 17.01.2014. It is also contended that Part-VIII

deals with the arbitration clause. It is further contended that a

legal notice was given on 25.07.2018 for referring the dispute to

the arbitrator but the respondents have failed to agree to

appointment of an arbitrator by mutual consent.

(2 of 2) [ARBAP-29/2019]

3. Counsel for the non-applicant/respondent contends that the

applicant was at fault, be that as it may be.

4. I have considered the contentions.

5 Admittedly, there is arbitration clause and there is dispute

between the parties, inspite of giving legal notice, respondent has

failed to agree to appointment of an arbitrator by mutual consent.

This Court deems it proper to allow the Arbitration Application and

appoint Hon'ble Mr. Justice Alok Sharma (Retd. Judge) as an

Arbitrator.

6. This Court appoints Hon'ble Mr. Justice Alok Sharma (Retd.)

K-39, Income Tax Colony, Tonk 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 Alok

Sharma (Retd.) and obtain his formal consent.

(PANKAJ BHANDARI),J

ARTI SHARMA /3

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