Allowed

M/S G.S. Enterprises v. Union of India

Rajasthan HC18 Aug 2023ARBAP/1/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed an application for appointing an arbitrator under Section 11 of the Arbitration and Conciliation Act regarding disputes over civil work payments. The court appointed Shri Devendra Joshi as the sole arbitrator upon the respondents' counsel conceding that the matter deserves arbitration.

What did the court decide?

Appointment of Shri Devendra Joshi as the sole Arbitrator to adjudicate the dispute.

M/S G.S. Enterprises Vs Union of India — Arbitration | Rajasthan HC (2023)

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[2023:RJ-JD:26176]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Arbitration Application No. 1/2021

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M/s G.s. Enterprises, A Registered Proprietorship Firm Situated At 1-C-25 Jawahar Nagar, Sri Ganganagar Through Its Proprietor Gurjinder Singh Sohal S/o Mohinder Singh

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----Petitioner

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Versus

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Union Of India, Through The Secretary, Ministry Of Defence, South Block, P.o. Dhq, New Delhi-110011.

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Chief Engineer (M.e.s.), Bathinda Zone, Bathinda (Punjab).

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Commander Works Engineer, M.e.s. Sri Ganganagar. 4. Garrison Engineer, M.e.s. Lalgarh Jattan, District Sri Ganganagar.

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----Respondents

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For Petitioner(s)	: Mr.	D.L.R. Vyas
For Respondent(s)	: Mr.	Deelip Kawadia

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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18/08/2023

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The instant application has been filed by the applicant M/s G.S. Enterprises under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator to adjudicate the disputes arising inter-se between the parties regarding payment of civil work undertaken in furtherance of acceptance of the work tender of the applicant by the respondent No.3.

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Though the prayer of the applicant for appointment of Arbitrator is countered on the ground of being time barred but during the course of arguments, learned counsel Shri Deelip

[2023:RJ-JD:26176]

[ARBAP-1/2021]

(2 of 2)

Kawadia candidly concedes that the matter deserves to be referred to an independent Arbitrator. It is not in dispute that an arbitration agreement exists between the parties.

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Thus, the instant application is allowed. With the consent of the parties, Shri Devendra Joshi, Retd. District and Sessions Judge, (Mob. No.9414264135) Address : D-166, Shankar Nagar, Pal Road, Jodhpur be appointed as the sole Arbitrator to adjudicate upon the dispute between the parties in terms of the arbitration agreement and as per the Manual of Procedure for Alternative Dispute Resolution, 2009, as amended upto date. The above appointment is subject to necessary disclosure being made under Section 12 of the Act.

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(DR.PUSHPENDRA SINGH BHATI),J

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221-Sudheer/-

M/S G.S. Enterprises v. Union of India

Case brief

What is this about?

What did the court decide?

M/S G.S. Enterprises v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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