Allowed

M/s Gulab Chand Jain v. The Municipal Corporation Raipur

Chhattisgarh HC4 Aug 2017ARBA/16/2017

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh, after noting the refusal of the originally appointed arbitrator to act, appointed Hon'ble Mr. Justice V.K. Shrivastava as a substitute sole arbitrator to adjudicate the dispute under Section 15 of the Arbitration & Conciliation Act, 1996.

What did the court decide?

Appointment of Hon'ble Mr. Justice V.K. Shrivastava as substitute sole arbitrator.

M/s Gulab Chand Jain Vs The Municipal Corporation Raipur — Arbitration | Chhattisgarh HC (2017)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

ARBA No. 16 of 201 7

¶5

M/s Gulab Chand Jain through Trihil Jain, S/o Late Shri Vinod Jain, Aged about 28 years, R/o Parshva Apartment, Choubey Colony, Raipur, Police Station Civil Line, Tehsil and District Raipur (C.G.)

¶6

---- Petitioner

¶7

Versus

¶8

The Municipal Corporation Raipur, through the Commissinoner, Municiapl Corporation, Raipur (C.G.)

¶9

The Zonal Commissioner, Municipal Corporation, Raipur, New Head Office, Near Gandhi Chowk, Raipur (C.G.)

¶10

---- Respondents

¶11

For Petitioner : Mr. Rahul Jha, Advocate. For Respondents : Mr. Pankaj Agrawal, Advocate.

¶12

Hon'ble Shri Justice Sanjay K. Agrawal

¶13

Order On Board

¶14

0 4 /08 /2017

¶15

(1) In order to resolve the dispute arisen between the parties, this Court by order dated 13.01.2017 appointed Hon’ble Shri Justice Rangnath Chandrakar, a former judge of the High Court of Chhattisgarh as a sole arbitrator in the case. By communication dated 22.04.2017 Hon’ble Justice Chandrakar has expressed his unwillingness to perform the job of Arbitrator and, therefore, this arbitration application under Section 15 of the Arbitration & Conciliation Act, 1996 (henceforth ‘Act, 1996’) has been filed for appointment of a substitute Arbitrator.

¶16

(2) After hearing learned counsel appearing for the parties and taking into consideration the letter of withdrawal of Hon’ble Justice

¶17

¶18

Chandrakar, a former judge of the High Court of Chhattisgarh declining to act as arbitrator, I deem it appropriate to appoint Hon’ble Mr. Justice V.K. Shrivastava, who is presently residing at Mridu Villa, opp. State Legal Services Authority, Warehouse Road, Bilaspur (C.G.) to adjudicate the dispute arises between the parties after complying the provisions of Section 12(2) of the Act, 2015.

¶19

(3) Registry is directed to communicate this order to the learned Sole Arbitrator – Hon'ble Mr. Justice V.K. Shrivastava, Former Judge, High Court of Chhattisgarh forthwith to enable him to enter into upon the reference and decide the matter as expeditiously as possible. No order as to costs.

¶20

Sd/(Sanjay K. Agrawal) Judge

¶21

D/-

M/s Gulab Chand Jain v. The Municipal Corporation Raipur

Case brief

What is this about?

What did the court decide?

M/s Gulab Chand Jain v. The Municipal Corporation Raipur

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

National Thermal Power Corp.Ltd. Vs S.N.Bhojasia and Ors.

Dev Prasad Mishra Vs State Of Chhattisgarh

Baisakhu Nishad Vs State Of Chhattisgarh

Smt. Rajwanti Vs State Of Chhattisgarh

Indian Oil Corporation Limited Vs State Of Chhattisgarh

M/s Todarmull Infrastructure Pvt. Ltd. Vs South East Central Railways