Allowed

M/S Saran Brothers v. State of Rajasthan

Rajasthan HC28 Jul 2023ARBAP/18/2021

Case brief

AI extract

What is this about?

In this application under Sections 10 and 11 of the Arbitration and Conciliation Act, 1996, the court appointed an independent retired judge as the sole arbitrator to adjudicate a dispute between the petitioner and the respondent arising over bill rates, while noting joint requests expedited the matter.

What did the court decide?

Appointment of Mr. Daya Ram, R.H.J.S. (Retd.) as the sole Arbitrator to adjudicate the dispute between the parties.

M/S Saran Brothers Vs State of Rajasthan — Arbitration | Rajasthan HC (2023)

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[2023:RJ-JD:24210]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Arbitration Application No. 18/2021

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M/s Saran Brothers, 9-A, Jawahar Nagar, Tehsil And Dis. Bikaner

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----Petitioner

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Versus

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State Of Rajasthan, District Collector Bikaner & Ors.

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----Respondent

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For Petitioner(s)	: Mr. PradeepChoudhary
For Respondent(s)	: Mr. Sudhir Tak, AAG a/w
	Mr. Navneet Singh Birkh

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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28/07/2023

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The instant arbitration application has been filed by the petitioner under Sections 10 & 11 of the Arbitration and Conciliation Act, 1996 claiming the following reliefs :-

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"A. Appoint an arbitrator for the purpose of solving dispute between Applicant Company & Non-Applicant over the rates of bills.

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B. During the pendency of petition an interim amount may be order to pay to the applicant company.

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C. Any other further relief as may be deemed fit in the facts and circumstances of the case may kindly be granted in favour of the applicant."

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Learned counsel for the respondent submits that Section 11 (6) of the Arbitration and Conciliation Act, 1996 ought to be exercised after dealing with the limitation.

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Learned counsel for the respondent has referred to the judgment rendered by Hon'ble Supreme Court in the case of B

[2023:RJ-JD:24210]

[ARBAP-18/2021]

(2 of 3)

and T AG Vs. Ministry of Defence (Arbitration Petition (C)

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No.13/2023) decided on 18.05.2023, relevant portion reads as under :-

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"55. Cause of action becomes important for the purposes of calculating the limitation period for bringing an action. It is imperative that a party realises when a cause of action arises. If a party simply delays sending a notice seeking reference under the Act 1996 because they are unclear of when the cause of action arose, the claim can become time-barred even before the party realises the same. "

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On the other hand, learned counsel for the applicant has referred to the order rendered by Hon'ble Apex Court in the case of State of Rajasthan & Ors. Vs. M/s Jai Shiv Construction

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Company (Special Leave Petition (Civil) Diary No.34268/2022), on 14.12.2022.

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However, learned counsel for both the parties jointly requested that 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 Mr. Daya Ram, R.H.J.S. (Retd.) (Mob. No.9462010033) resident of IIIrd E- 31, J.N.V. Colony Bikaner 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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(3 of 3) [ARBAP-18/2021]

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[2023:RJ-JD:24210]

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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 Mr. Daya Ram, R.H.J.S. (Retd.). 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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159-Sudheer/-

M/S Saran Brothers v. State of Rajasthan

Case brief

What is this about?

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M/S Saran Brothers v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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