Allowed

M/S Har Har Company v. Dy Chief Engineer (Construction)

Rajasthan HC4 Aug 2023ARBAP/17/2021

Case brief

AI extract

What is this about?

The High Court at Jodhpur disposed of an arbitration application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996. Upon counsel's submission that parties agreed on the clause and venue, the court appointed Shri G.R. Bhansali as the sole arbitrator for the dispute.

What did the court decide?

Appointment of Shri G.R. Bhansali as the sole Arbitrator to adjudicate the dispute between the parties.

M/S Har Har Company Vs Dy Chief Engineer (Construction) — Arbitration | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Arbitration Application No. 17/2021

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M/s Har Har Company, D-292, Shivam Klasse, Behind Trilok Raw House, Bodekdev, Ahmedabad

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----Petitioner

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Versus

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Dy Chief Engineer (Construction), North Western Railway, Hanumangarh Junction

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----Respondent

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For Petitioner(s)	: Mr.	KK Shah
For Respondent(s)	: Mr.	Kamal Dave
	Mr.	DeelipKawadia

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Order

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04/08/2023

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The instant arbitration application has been filed by the petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 claiming the following reliefs :-

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"it is, therefore, most respectfully prayed that this application may kindly be allowed and a sole arbitrator may kindly be appointed to settle the dispute. Name of Shri Rameshwar Lal Prajapat (Rett. 56,) R/o 10A, East Patel nagar, Ganeshpura, Ratanada, Jodhpur may kindly be approved as sole arbitrator as he is in the penal of Indian council of Arbitration.

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Any other order favourable to the applicant may also kindly be passed."

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Learned counsel for both the parties jointly submit that there is no dispute with regard to the arbitration clause and the venue for arbitration proceedings, thus, learned counsels requested that

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[ARBAP-17/2021]

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(2 of 2)

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an independent arbitrator may be appointed, as a sole Arbitrator, to resolve the dispute between the parties.

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In light of such submission, this Court finds that the agreement clause, relating to appointment of the Arbitrator, is required to be invoked and as such, the application, filed by the applicant, is disposed of and while exercising the power conferred under Section 11 of the Act of 1996, appoints Shri G.R. Bhansali

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(Retd. CE) (Mob. No.9314721703) resident of D-49, Kamla Nehru Nagar, Jodhpur, as the sole Arbitrator to adjudicate the dispute between the parties. The payment of cost of arbitration proceedings and arbitration fee shall be made as per the 4th Schedule appended to the Act of 1996.

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The intimation of appointment, as aforesaid, may be given by the counsel for the parties as well as by the Registry to Shri G.R. Bhansali . The above appointment is subject to necessary disclosure being made under Section 12 of the Act of 1996.

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All pending applications stand disposed of.

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(DR.PUSHPENDRA SINGH BHATI), J.

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251-Sudheer/-

M/S Har Har Company v. Dy Chief Engineer (Construction)

Case brief

What is this about?

What did the court decide?

M/S Har Har Company v. Dy Chief Engineer (Construction)

Case brief

What is this about?

What did the court decide?

What the court decided

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