Disposed

Technofab Engineering Limited v. Government of Rajasthan

Rajasthan HC23 Jan 2020CMA/4769/2019

Case brief

AI extract

What is this about?

The Court directed that the arbitrator must decide the dispute between the parties without being influenced by specific observations regarding merits made by the Commercial Court No.1, Jaipur in a dated judgment. The appeal was then disposed of.

What did the court decide?

Directed that the arbitrator shall decide the dispute without being influenced by observations made in para Nos.14 to 16 of the impugned judgment dated 20.06.2019.

Technofab Engineering Limited Vs Government of Rajasthan — Arbitration | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Miscellaneous Appeal No. 4769/2019

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Technofab Engineering Limited, 913 Hemkunth Chamber 89, Nehru Palace, New Delhi – 110 019 through authorised Representative Anuj Kumar Sharma S/o shri Rameshwar Dayal Sharma, aged about 36 years, Assistant General Manager (Project)

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----Appellant

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Versus

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Government of Rajasthan through Rajasthan Urban Infrastructure Development Project, Avas Vikas Sansthan Building, Jawahar Lal Nehru Marg, Jawahar Circle, Malviya Nagar, Jaipur-17.

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Superintending Engineer, Rajasthan Urban Infrastructure Development Project (RUIDP), G-20, Near Mini Secretariat, New Civil Lines, Hanumangarh Junction, Rajasthan

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Commissioner, Municipal Council, Hanumangarh

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----Respondent

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For Appellant(s) : Mr. Prateek Mathur with Mr. Karan For Respondent(s) :

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HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Order

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23/01/2020

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Learned counsel for the appellant submits that the Commercial Court No.1, Jaipur while deciding the application under Section 9 of the Arbitration and Conciliation Act, 1996 has discussed the merits of the case in para Nos.14 to 16 of the impugned judgment dated 20.06.2019.

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It is submitted by the learned counsel for the appellant that the application under Section 11 of the Arbitration and Conciliation Act, 1996 has already been allowed and matter has been referred to Arbitrator. Only prayer made by the learned counsel for the appellant is that, it may be clarified that the

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[CMA-4769/2019]

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(2 of 2)

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Arbitrator while deciding the dispute in any manner shall not be influenced by the observations made in para Nos.14 to 16 of the impugned judgment dated 20.06.2019.

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The prayer made by the learned counsel for the appellant seems to be genuine. Hence, the learned Arbitrator is directed that while adjudicating the dispute between the parties finally, it shall decide the same without being influenced by the observations made by the Commercial Court No.1, Jaipur in para Nos.14 to 16 of its judgment dated 20.06.2019.

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The civil miscellaneous appeal stands disposed of.

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(PANKAJ BHANDARI),J

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(PRAKASH GUPTA),J

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Mohit6/DK

Technofab Engineering Limited v. Government of Rajasthan

Case brief

What is this about?

What did the court decide?

Technofab Engineering Limited v. Government of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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