Disposed

Hotel Ashishpalace v. State Government

Rajasthan HC28 Jul 2023ARBAP/33/2020

Case brief

AI extract

What is this about?

The High Court, Jodhpur, appointed Mr. Himanshu Ray Nagori as a sole arbitrator to resolve a dispute regarding bill rates between Hotel Ashish Palace and the respondent entities, invoking powers under Section 11 of the Arbitration and Conciliation Act, 1996.

What did the court decide?

Appointment of Mr. Himanshu Ray Nagori as the sole arbitrator to adjudicate the dispute between the parties.

Hotel Ashishpalace Vs State Government — Arbitration | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Arbitration Application No. 33/2020

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Hotel Ashishpalace, Through Proprietor Sh. Ashish Singh Chhabra S/o Sh. B.s. Chhabra, Age 51 Years, Address - 125, Chetak Marg, Udaipur (Raj.)

¶4

----Petitioner

¶5

Versus

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1. State Government, Rajasthan State Through District Collector And President Of Disaster Management Authority, Udaipur (Raj.)

¶7

1. Maharana Bhopal General Hospital, Through Superintendent , Maharana Bhopal General Hospital, Udaipur (Raj.)

¶8

----Respondents

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For Petitioner(s)	: Mr.	Lokesh Menaria
For Respondent(s)	: Mr.	Rishi Soni

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

¶11

Order

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28/07/2023

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The instant arbitration application has been filed by the petitioner under Section 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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[ARBAP-33/2020]

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(2 of 2)

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

¶20

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. Himanshu Ray Nagori, (Retd. District Judge) (Mob. No.7742697771) resident of 5 Swami Nagar, Oppsite Neelkanth Hospital, 100ft Road, Bhuwana, Udaipur (Raj.) , , 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.

¶21

The intimation of appointment, as aforesaid, may be given by the counsel for the parties as well as by the Registry to Mr. Himanshu Ray Nagori, (Retd. District Judge). The above appointment is subject to necessary disclosure being made under Section 12 of the Act of 1996.

¶22

All pending applications stand disposed of.

¶23

(DR. PUSHPENDRA SINGH BHATI), J.

¶24

150-Sudheer/-

Hotel Ashishpalace v. State Government

Case brief

What is this about?

What did the court decide?

Hotel Ashishpalace v. State Government

Case brief

What is this about?

What did the court decide?

What the court decided

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