The petitioner sought appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, citing the respondents' failure to appoint one despite a clause in the agreement. Both parties agreed on the proposed arbitrator's name.
Appointment of Hon'ble Mr. Justice Govind Mathur (Retired) as the sole Arbitrator.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Arbitration Application No. 36/2023
M/s Ashutosh Buildtech Pvt. Ltd., B-304 S.p.s. Residency Vaibhav Khand, Indrapuram Ghaziabad Through Its Director Abhinav Singhal Son Of Prakash Chand Age 40 Years.
----Petitioner
----Respondents
| For Petitioner(s) | : Mr. Dev Kishan Gaur |
|---|---|
| For Respondent(s) | : Mr. K.K. Shah |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Judgment
DATE OF JUDGMENT: 24/04/2024
The present Arbitration Application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act of 1996") has been preferred by the applicant seeking appointment of an independent sole arbitrator in terms of Clause 14 of the agreement dated 26.02.2021.
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[ARBAP-36/2023]
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[ARBAP-36/2023]
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of the agreement, the arbitrator was required to be appointed by the respondents, but despite the legal notice dated 31.10.2022 for appointing arbitrator, the respondents failed to appoint the Arbitrator, therefore, the present application has been preferred by the applicant seeking a prayer to appoint an Arbitrator.
(MADAN GOPAL VYAS),J
103-Dinesh/-
1 issue framed by the court
Whether the petitioner is entitled to the appointment of an independent sole arbitrator under Clause 14 of the agreement and Section 11(6) of the Act due to the respondents' failure to appoint one?
1 provisions across 1 enactments
M/s Ashutosh Buildtech Pvt. Ltd.
M/s Sb Enterprises
Sukhram Vishnoi
General Manager/ Project Manager, Sb Enterprises
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
