Allowed

M/S Krg Estate and Shares Pvt. Ltd. v. Aakash Promotors Developer Private Ltd.

Rajasthan HC9 Jan 2020CMA/6479/2019

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed an application under Section 5 of the Limitation Act to condone a 23-day delay in filing an appeal. The court disposed of the appeal by directing the arbitrator to decide the dispute independently, unaffected by observations in a prior Commercial Court judgment.

What did the court decide?

Application under Section 5 of the Limitation Act allowed; appeal decided; Arbitrator directed to decide matter independently.

M/S Krg Estate and Shares Pvt. Ltd. Vs Aakash Promotors… — 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. 6479/2019

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M/s Krg Estate And Shares Pvt. Ltd. through authorized representative Dr. Rajesh Kumar Sanghi, S/o Dr. Chiranji Lal Sanghi, having its registered office at 201, Kaley Ram Chambers, 2 East Guru Angad Nagar, Delhi – 110 092

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----Appellant

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Versus

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Aakash Promotors Developer Private Ltd. through its Director, Shri Virendra Baid having its registered office at Akash Deep Complex, Dhula House, Bapu Bazar, Jaipur, Rajasthan – 302 003

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----Respondent

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For Appellant(s) : Mr. Punit Singhvi

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

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09/01/2020

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Heard learned counsel for the appellant on the application under Section 5 of the Limitation Act.

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Application is allowed for the reasons mentioned therein and the delay of 23 days in filing the appeal is condoned.

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With the consent of learned counsel for the appellant, the arguments have been heard and the appeal is being decided at this stage.

¶14

Learned counsel for the appellant does not press the appeal on merits but submits that while deciding the application under Section 9 of the Arbitration and Conciliation Act, 1996, in para 17 and 18 of the impugned judgment dated 7.9.2019 passed by the Commercial Court No.3, Jaipur, merits of the case have been discussed. The only prayer made by the learned counsel for the appellant is that the learned

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[CMA-6479/2019]

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(2 of 2)

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Arbitrator be directed that at the time of adjudicating the dispute between the parties, he shall not be influenced by the observations made by the Commercial Court in para no. 17 and 18 of its judgment dated 7.9.2019.

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The prayer made by learned counsel for the appellant seems to be genuine.

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The learned Arbitrator is directed that while adjudicating the dispute between the parties, he shall decided the matter independently without being influenced by the observations made by the Commercial Court No.3, Jaipur in its judgment dated 7.9.2019.

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Appeal stands disposed of accordingly.

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(PANKAJ BHANDARI),J

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(PRAKASH GUPTA),J

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Dk/9

M/S Krg Estate and Shares Pvt. Ltd. v. Aakash Promotors Developer Private Ltd.

Case brief

What is this about?

What did the court decide?

M/S Krg Estate and Shares Pvt. Ltd. v. Aakash Promotors Developer Private Ltd.

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

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