Hotel Sunbirds vs State Of Rajasthan
2022 Latest Caselaw 6071 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Arbitration Application No. 111/2020

Hotel Sunbirds, Saras Chouraha, Bharatpur Through Its Partner
Ranveer Singh S/o Sonhan Sinkarwar, Aged About 53 Years, R/o
Saras Chouraha, Bharatpur.
                                                                     ----Petitioner
                                     Versus
1.      State Of Rajasthan, Through Chief Secretary, Govt. Of
        Rajasthan, Secretariat, Jaipur.
2.      District Collector And Disaster Management Tribunal,
        Bharatpur.
                                                                  ----Respondents

For Petitioner(s) : Mr. J.K. Moolchandani For Respondent(s) : Mr. Yashodhar Pandey for Mr. Anil Mehta, AAG

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Order

07/09/2022

1. This Arbitration Application has been filed under Section 11

of Arbitration and Conciliation Act, 1996 for appointment of

arbitrator.

2. It is pleaded in the application that Disaster Management Act

provides for payment of compensation and if the party is

aggrieved by amount of compensation so determined makes an

application within thirty days to the Central Government or State

Government, as the case may be, for referring the matter to an

arbitrator, the amount of compensation to be paid shall be such as

the arbitrator appointed in this behalf by the Central Government

or the State Government, as the case may be.

(2 of 2) [ARBAP-111/2020]

3. Counsel for non-applicants has made objection that an

arbitration application filed under Section 11 of Arbitration and

Conciliation Act, 1996 is not maintainable as the Act itself provides

for appointment of an arbitrator and the only remedy available to

the applicant is to either file a suit or move to High Court under

the writ jurisdiction.

4. Counsel for non-applicants has placed reliance upon

National Highways Authority of India vs Sayedabad Tea

Company Limited & Ors., (2020) 15 SCC 161.

5. I have considered the contentions and perused the judgment

cited by counsel for non-applicants.

6. The said judgment applies to the facts of the case, hence, I

am not inclined to entertain the present arbitration application.

7. Arbitration Application is accordingly, dismissed.

8. Applicant is free to approach the Court under the writ

jurisdiction or to file a suit or as it may be advised.

(PANKAJ BHANDARI),J

HEENA/02

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