M/S Time Technoplast Ltd vs Rajasthan Urban Infrastructure ...
2024 Latest Caselaw 6085 Raj/2

Rajasthan High Court

M/S Time Technoplast Ltd vs Rajasthan Urban Infrastructure ... on 9 October, 2024

Author: Sameer Jain

Bench: Sameer Jain

[2024:RJ-JP:42499]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Review Petition (Writ) No. 153/2023

                                        IN

                S. B. Civil Writ Petition No. 21083/2019

M/s Time Technoplast Ltd., A Public Limited Company, Having
Registered Office At 102, First Floor, Center Point, Somnath-
Daman Road, Somnath, Dabhej, Nani Daman, Daman (Ut)-
396210 Through Its Authorized Signatory Mr. Ashok Kumar
Verma, Deputy General Manager, Marketing, Jaipur.
                                                                   ----Petitioner
                                     Versus
Rajasthan Urban Infrastructure Development Project (R.U.I.D.P.),
AVS Building, Jawahar Circle, JLN Marg, Jaipur Through Its
Project Director.
                                                                 ----Respondent

For Petitioner(s)           :   Mr. H. V. Nandwana
For Respondent(s)           :   Mr. Roshan Vishwakarma



                HON'BLE MR. JUSTICE SAMEER JAIN

                                     Order

09/10/2024

Application No. 409/2023 filed under Section 5 of the

Limitation Act, seeking condonation of delay in filing of the review

petition, is disposed of.

Learned counsel for the petitioner has submitted that an oral

consent of the advocate in absence of the arbitration clause,

cannot be the basis for reference to arbitration. Moreover,

pursuant the same, learned counsel for the petitioner has relied

upon the judgment passed by Hon'ble Apex Court in Kerala State

Electricity Board & Anr. Vs. Kurien E. Kalathil & Anr.,

reported in (2018) 4 SCC 793.

[2024:RJ-JP:42499] (2 of 2) [WRW-153/2023]

Learned counsel for the petitioner has further submitted that

the petitioner was subjected to indefinite blacklisting without

adherence to the fundamental principles of natural justice.

Additionally, it is submitted that this Court has extraordinary

jurisdiction to adjudicate/consider issues pertaining to Arbitration

Clause, owing to the unavailability of alternative efficacious

remedies.

Considering the facts and circumstances of the instant mater,

this Court is of the opinion that the matter requires consideration,

therefore, deems it apposite to allow the present review petition.

Registrar (Judicial) is directed to list the writ petition for final

disposal, before the appropriate Bench having concerned roster.

(SAMEER JAIN),J

Pooja /34

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