Sudha Raina W/O Shri Tej Raina vs M/S S.G. Infrastructure Pvt. Ltd
2023 Latest Caselaw 686 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 1193/2023

Sudha Raina W/o Shri Tej Raina
                                                                  ----Petitioner
                                   Versus
M/s S.g. Infrastructure Pvt. Ltd.
                                                                ----Respondent

For Petitioner(s) : Mr. Rajendra Prasad, Senior Counsel assisted by Mr. Dileep Shivpuri.

For Respondent(s)         :



          HON'BLE MR. JUSTICE INDERJEET SINGH

                                    Order

19/01/2023

Learned senior counsel for the petitioner submits that during

pendency of the arbitral proceedings before the Arbitrator under

the provisions of the Arbitration and Conciliation Act, 1996

(hereinafter to be referred as 'Act of 1996') an application has

been filed by the petitioner under Section 14(1)(a) of the Act of

1996 for withdrawal of the Arbitrator. Learned senior counsel

further submits that without deciding the said application the

matter has been fixed by the Arbitrator for final arguments,

thereafter, the petitioner also filed an application before the

Commercial Court under Section 14(2) of the Act of 1996 for

terminating the mandate of Arbitrator which is still pending before

the Commercial Court and the application for staying the Arbitral

proceedings has been dismissed by the Commercial Court without

assigning any reason.

In support of the contention counsel relied upon the

judgment passed by the Hon'ble Supreme Court in the matter of

(2 of 2) [CW-1193/2023]

Nimet Resources Inc & Anr. Vs. Essar Steels Limited reported in

2009 (17) Supreme Court Cases 313.

In that view of the matter, issue notice to the respondent

No.1, returnable on 30.01.2023.

'Dasti' service is permitted.

Meanwhile, the Arbitrator is directed not to pass the final

award in this matter till the next date of hearing.

List on 30.01.2023.

(INDERJEET SINGH),J

MG/149

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