Allowed

Karuna Bansal W/O Shri Avinish Bansal v. Dalpat Singh Naruka S/O Shri Rajendra Singh

Rajasthan HC13 Sept 2022CMAP/72/2021

Case brief

AI extract

What is this about?

The High Court disposed of multiple arbitration applications regarding the appointment of a sole arbitrator. Following the death of one appointee and the refusal of another, and upon consent from the Supreme Court in a related matter, the court appointed Hon'ble Mr. Justice Naveen Sinha, Former Judge of the Supreme Court, as the Sole Arbitrator to adjudicate all disputes between the parties.

What did the court decide?

Appointment of Hon'ble Mr. Justice Naveen Sinha, Former Judge of the Supreme Court, as the Sole Arbitrator to adjudicate all pending disputes between the parties.

Karuna Bansal W/O Shri Avinish Bansal Vs Dalpat Singh Naruka… — Arbitration | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Miscellaneous Application No. 72/2021

¶3

Karuna Bansal W/o Shri Avinish Bansal, Aged About 39 Years, R/o C-110, Garud Marg, Hanuman Nagar, Vaishali Nagar, Jaipur Earlier Residing At F-1, Panchwati Apartment, Shivraj Niketan, Vaishali Nagar, Jaipur.

¶4

Mithlesh Bansal W/o Shri Praveen Bansal, Aged About 67 Years, R/o C-110, Garud Marg, Hanuman Nagar, Vaishali Nagar, Jaipur, Earlier Residing At F-1, Panchwati Apartment, Shivraj Niketan, Vaishali Nagar, Jaipur.

¶5

Avinash Bansal S/o Shri Praveen Bansal, Aged About 46 Years, R/o C-110, Garud Marg, Hanuman Nagar, Vaishali Nagar, Jaipur, Earlier Residing At F-1, Panchwati Apartment, Shivraj Niketan, Vaishali Nagar, Jaipur.

¶6

----Petitioners

¶7

Versus

¶8

Dalpat Singh Naruka S/o Shri Rajendra Singh, Now Resident Of D-180, Ram Marg, Hanuman Nagar, Vaishali Nagar, Jaipur, Earlier Residing At Uniara House, Uniara Garden, Near Police Memorial, Jawahar Lal Marg, Jaipur.

¶9

Jyoti Kumari Naruka W/o Dalpat Singh Naruka, R/o D- 180, Ram Marg, Hanuman Nagar, Vaishali Nagar, Jaipur, Earlier Residing At Uniara House, Uniara Garden, Near Police Memorial, Jawahar Lal Marg, Jaipur.

¶10

Manvendra Singh Sesodia S/o Shri Raghubir Singh Sesodia, R/o D-172, Kewat Marg, Pawan Path, Hanuman Nagar, Jaipur.

¶11

Anurag Sesodia W/o Manvendra Singh Sesodia, R/o D- 172, Kewat Marg, Pawan Path, Hanuman Nagar, Jaipur.

¶12

Anukriti Build Estate, Being A Partnership Firm Having Its Registered Office At D-172, Kewat Marg, Pawan Path, Hanuman Nagar, D Block, Vaishali Nagar, Jaipur-302021.

¶13

----Respondents

¶14

Connected With

¶15

S.B. Arbitration Application No. 137/2021

¶16

Avnish Bansal S/o Shri Praveen Bansal, Aged About 46 Years, Now Resident Of C-110, Garud Marg, Hanuman Nagar,vaishali Nagar, Jaipur.

¶17

(2 of 6)

¶18

[CMAP-72/2021]

¶19

Ashutosh Bansal, S/o Shri Praveen Bansal, Aged About 42 Years, Now Resident Of C-110, Garud Marg, Hanuman Nagar,vaishali Nagar, Jaipur.

¶20

----Petitioners

¶21

Versus

¶22

Dalpat Singh Naruka S/o Shri Rajendra Singh, Now Resident Of D- 180, Ram Marg, Hanuman Nagar, Vaishali Nagar,jaipur, Earlier Residing At Uniara House, Uniara Garden, Near Police Memorial, Jawahar Lal Marg,jaipur.

¶23

Manvendra Singh Sesodia S/o Shri Raghubir Singh Sesodia, Resident Of D-172, Kewat Marg, Pawan Path, Hanuman Nagar, Jaipur

¶24

M/s Anukriti Infra Project, Being A Partnership Firm Having Its Registered Office At 165, Rathore Nagar, Amrapali Marg, Vaishali Nagar. Jaipur - 302021 Through Its Partner Manvendra Singh Sesodia, D-172, Kewat Marg, Pawan Path, Hanuman Nagar, Jaipur.

¶25

----Respondents

¶26

S.B. Arbitration Application No. 153/2021

¶27

M/s Anukriti Builders And Developers, Having Its Registered Office At 165, Rathore Nagar Main Amrapali Marg, Vaishali Nagar, Jaipur Through Its Partner Mr. Avnish Bansal S/o Shri Praveen Bansal Aged About 46 Years R/o C-110, Garud Marg, Hanuman Nagar, Vaishali Nagar, Jaipur.

¶28

----Petitioner

¶29

Versus

¶30

Jyoti Kumari Naruka W/o Dalpat Singh Naruka, R/o Uniara House, Jln Marg, Teen Murti Circle, Jaipurp 303004 Also At D- 180, Ram Marg, Hanuman Nagar, Vaishali Nagar, Jaipur.

¶31

----Respondent

¶32

S.B. Civil Miscellaneous Application No. 29/2022

¶33

Karuna Bansal W/o Shri Avnish Bansal, Aged About 39 Years, Now Resident Of C-110, Garud Marg, Hanuman Nagar, Vaishali Nagar, Jaipur Earlier Residing At F-1, Panchwati Apartment, Shivraj Niketan, Vaishali Nagar, Jaipur.

¶34

Mithlesh Bansal W/o Shri Praveen Bansal, Aged About 67

¶35

(3 of 6)

¶36

[CMAP-72/2021]

¶37

Years, Now Resident Of C-110, Garud Marg, Hanuman Nagar, Vaishali Nagar, Jaipur Earlier Residing At F-1, Panchwati Apartment, Shivraj Niketan, Vaishali Nagar, Jaipur.

¶38

Avnish Bansal S/o Shri Praveen Bansal, Aged About 46 Years, Now Resident Of C-110, Garud Marg, Hanuman Nagar, Vaishali Nagar, Jaipur Earlier Residing At F-1, Panchwati Apartment, Shivraj Niketan, Vaishali Nagar, Jaipur.

¶39

----Petitioners

¶40

Versus

¶41

Dalpat Singh Naruka S/o Shri Rajendra Singh, Now R/o D-180, Ram Marg, Hanuman Nagar, Vaishali Nagar, Jaipur, Earlier Residing At Uniara House, Uniara Garden, Near Police Memorial, Jawahar Lal Marg, Jaipur.

¶42

Jyoti Kumari Naruka W/o Dalpat Singh Naruka, Aged About 56 Years, Now R/o D-180, Ram Marg, Hanuman Nagar, Vaishali Nagar, Jaipur, Earlier Residing At Uniara House, Uniara Garden, Near Police Memorial, Jawahar Lal Marg, Jaipur.

¶43

Manvendra Singh Sesodia S/o Shri Raghubir Singh Sesodia, Aged About 50 Years, R/o D-172, Kewat Marg, Pawan Path, Hanuman Nagar, Jaipur.

¶44

Anurag Sesodia W/o Manvendra Singh Sesodia, Aged About 49 Years, R/o D-172, Kewat Marg, Pawan Path, Hanuman Nagar, Jaipur.

¶45

Anukriti Build Estate, Being A Partnership Firm Having Its Registered Office At R/o D-172, Kewat Marg, Hanuman Nagar, D Block Vaishali Nagar, Jaipur 302021

¶46

----Respondents

¶47

For Petitioner(s) : Mr.Gunjan Pathak, Adv. For Respondent(s) : Mr.Suresh Kumar Sahni, Sr. Adv. (Through VC) Ms.Aishwarya Sharma, Adv. Mr.Ram Mohan Sharma, Adv.

¶48

(4 of 6)

¶49

[CMAP-72/2021]

¶50

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

¶51

Order

¶52

13/09/2022

¶53

S.B. Civil Miscellaneous Application No. 72/2021:-

¶54

The applicants have filed misc. application under Section 14 & 15 read with Section 11 of the Arbitration and Conciliation Act, 1996 for change of Arbitrator on account of vacancy of office due to death of Hon’ble Mr. Justice Abhay Chaturvedi, Retd. who was appointed as arbitrator by this Court on 29.01.2021 in Arbitration Application No.56/2020.

¶55

The applicants have prayed that due to demise of learned Arbitrator, this Court is required to exercise its power to appoint another Arbitrator to adjudicate the dispute, which has arisen between the parties and further prayer has been made to pass an order of continuation of arbitration proceedings from the last pending stage before the Arbitration Tribunal.

¶56

S.B. Civil Miscellaneous Application No. 29/2022:-

¶57

This misc. application has been filed in S.B. Civil Miscellaneous Application No. 72/2021 on account of a letter received from learned Arbitrator Justice Alok Sharma, who refused to become an Arbitrator in the dispute pending between the parties.

¶58

Learned counsel appearing for the parties submitted that this Court decided S.B. Arbitration Application No.47/2021 , whereby application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 was dismissed and the matter was not referred to any Arbitrator.

¶59

(5 of 6)

¶60

[CMAP-72/2021]

¶61

Learned counsel for the parties submitted that the order passed by this Court was put to challenge in Special Leave Petition (Civil) No.9016/2022 (Avnish Bansal Vs. Manvendra Singh Sesodia & Ors.) and the Apex Court on 02.09.2022 has recorded consent of both the parties to refer the matter to the Sole Arbitrator and Hon’ble Mr. Justice Naveen Sinha, Former Judge of the Hon’ble Supreme Court has been appointed as the Sole Arbitrator.

¶62

Learned counsel for the parties submitted that the Apex Court was apprised of different arbitration applications pending before this Court and the Apex Court has observed that High Court may consider to refer the dispute in these matters also to the same Arbitrator, however, final decision is left to be taken by this Court.

¶63

Learned counsel for the parties submitted that other disputes, which are also pending between the parties, may be referred to the same Arbitrator and both the parties do not have any objection, if Hon’ble Mr. Justice Naveen Sinha, Former Judge of the Hon’ble Supreme Court is appointed as the Sole Arbitrator.

¶64

This Court, considering the unanimity shown by both the respective parties, deems it proper to exercise the powers under Section 11(6) of the Arbitration and Conciliation Act, 1996 and the dispute between the parties is referred to – Hon’ble Mr.Justice Naveen Sinha, Former Judge of the Hon’ble Supreme Court, to be the Sole Arbitrator. The parties may appear before the Sole Arbitrator and may request him to take up their matter and the fee of the Arbitrator will be settled by the Sole Arbitrator.

¶65

(6 of 6)

¶66

[CMAP-72/2021]

¶67

S.B. Arbitration Application No. 137/2021:-

¶68

S.B. Arbitration Application No. 153/2021:-

¶69

These two arbitration applications have been filed by the applicant-petitioners for appointment of sole arbitrator as per provisions contained in Section 11(6) of the Arbitration and Conciliation Act, 1996.

¶70

Learned counsel appearing for the parties submitted that in respect of other dispute pending between the same parties, the Apex Court has already appointed Hon’ble Mr. Justice Naveen Sinha, Former Judge of the Hon’ble Supreme Court, as Sole Arbitrator and as such learned counsel for the parties submit that the dispute raised between the parties, in the present matter, may also be referred to the same Arbitrator - Hon’ble Mr. Justice Naveen Sinha, Former Judge of the Supreme Court.

¶71

This Court, accordingly allows the misc. arbitration application Nos.137/2021 & 153/2021 and appoint Hon’ble Mr. Justice Naveen Sinha, Former Judge of the Supreme Court as Sole Arbitrator. The parties may appear before the Sole Arbitrator and may request him to take up their matter and fee of the Arbitrator will be settled by the Sole Arbitrator.

¶72

Accordingly, all the misc. applications stand disposed of.

¶73

(ASHOK KUMAR GAUR),J

¶74

Monika/15-18

Karuna Bansal W/O Shri Avinish Bansal v. Dalpat Singh Naruka S/O Shri Rajendra Singh

Case brief

What is this about?

What did the court decide?

Karuna Bansal W/O Shri Avinish Bansal v. Dalpat Singh Naruka S/O Shri Rajendra Singh

Case brief

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What did the court decide?

What the court decided

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