Disposed

M/S Rajendra Prasad Bansal v. Union of India, through General Manager

Rajasthan HC30 Aug 2024ARBAP/98/2023

Case brief

AI extract

What is this about?

The Court directed parties to appear before the newly appointed sole arbitrator to pass the final award in five concluded arbitration applications. It clarified that the earlier fixed fee is not binding on the arbitrator regarding his own fee.

What did the court decide?

Direction to appear before sole arbitrator on 20 September 2024; permission for arbitrator to determine his own fee.

M/S Rajendra Prasad Bansal Vs Union of India, through General… — Arbitration | Rajasthan HC (2024)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Arbitration Application No. 96/2023

¶3

M/s Rajendra Prasad Bansal, Partnership Firm, New Sabji Mandi, Bayana, Bharatpur, Rajasthan Through Its Partner And Authorized Signaotry Sh. Rajendra Prasad Bansal.

¶4

----Petitioner

¶5

Versus

¶6

Union Of India Through General Manager, West Central Railway, Wcr, Head Quarter, South Civil Lines, Jabalpur.

¶7

Divisional Railway Manager (Wa), West Central Railway, Kota, Rajasthan

¶8

----Respondents

¶9

Connected With

¶10

S.B. Arbitration Application No. 97/2023

¶11

M/s Rajendra Prasad Bansal, Partnership Firm, New Sabji Mandi, Bayana, Bharatpur, Rajasthan Through Its Partner And Authorized Signaotry Sh. Rajendra Prasad Bansal.

¶12

----Petitioner

¶13

Versus

¶14

Union Of India Through General Manager, West Central Railway, Wcr, Head Quarter, South Civil Lines, Jabalpur.

¶15

Divisional Railway Manager (Wa), West Central Railway, Kota, Rajasthan

¶16

----Respondents

¶17

S.B. Arbitration Application No. 98/2023

¶18

M/s Rajendra Prasad Bansal, Partnership Firm, New Sabji Mandi, Bayana, Bharatpur, Rajasthan Through Its Partner And Authorized Signaotry Sh. Rajendra Prasad Bansal.

¶19

----Petitioner

¶20

Versus

¶21

Union Of India, Through General Manager, West Central Railway, Wcr, Head Quarter, South Civil Lines, Jabalpur.

¶22

Divisional Railway Manager (Wa), West Central Railway, Kota, Rajasthan

¶23

----Respondents

¶24

S.B. Arbitration Application No. 99/2023

¶25

M/s Rajendra Prasad Bansal, Partnership Firm, New Sabji Mandi, Bayana, Bharatpur, Rajasthan Through Its Partner And Authorized Signaotry Sh. Rajendra Prasad Bansal.

¶26

----Petitioner

¶27

Versus

¶28

Union Of India, Through General Manager, West Central Railway, Wcr, Head Quarter, South Civil Lines, Jabalpur.

¶29

Divisional Railway Manager (Wa), West Central Railway,

[2024:RJ-JP:36504]

[ARBAP-96/2023]

(2 of 3)

Kota, Rajasthan

----Respondents

S.B. Arbitration Application No. 100/2023

¶36

M/s Rajendra Prasad Bansal, Partnership Firm, New Sabji Mandi, Bayana, Bharatpur, Rajasthan Through Its Partner And Authorized Signaotry Sh. Rajendra Prasad Bansal.

¶37

----Petitioner

¶38

Versus

¶39

Union Of India, Through General Manager, West Central Railway, Wcr, Head Quarter, South Civil Lines, Jabalpur.

¶40

Divisional Railway Manager (Wa), West Central Railway, Kota, Rajasthan

¶41

----Respondents

¶42

For Petitioner(s) : Mr. Jatin Agarwal through V.C. For Respondent(s) : Mr. Anand Sharma

¶43

HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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30/08/2024

¶46

In these five Arbitration Applications, vide common order dated 24.01.2020, Hon’ble Mr. Justice Kailash Chandra Sharma, Former Judge, Rajasthan High Court was appointed as sole Arbitrator and the arbitration proceedings were commenced before him.

¶47

It appears that though the arbitration proceedings have been concluded yet before passing the award, the mandate of arbitration stood terminated due to lapse of timeline.

¶48

Thereafter, this Court vide order dated 05.04.2024 appointed new Arbitrator – Hon’ble Mr. Justice Guman Singh, Former Judge, Rajasthan High Court to pass the final award in furtherance to the pleadings and the proceedings commenced before the erstwhile Arbitrator. However, these matters have come up again on a letter

[2024:RJ-JP:36504]

[ARBAP-96/2023]

(3 of 3)

dated 17.04.2024 sent by the Sole Arbitrator seeking instructions to relieve him to act as Sole Arbitrator in the present matter.

¶53

Learned counsel for both parties have informed this Court that after issuing letter dated 17.04.2024, on their joint request, Hon’ble Mr. Justice Guman Singh, Former Judge, Rajasthan High Court, has given his consent and agreed to pass final award in these matters within timeline as per mandate of the law.

¶54

Therefore, the parties are directed to appear before Sole Arbitrator - Hon’ble Mr. Justice Guman Singh, Former Judge, Rajasthan High Court, on 20^th September, 2024. The letter dated 17.04.2024 be put consign to record.

¶55

It is hereby made clear that the fixed fee of Rs.50,000/- in each case, as determined in the order dated 05.04.2024 shall not be binding upon the Sole Arbitrator and the Sole Arbitrator would be free to determine his fee in all the five matters, with the consent of learned counsel for both the parties.

¶56

Registry is directed to send a copy of this order to the Sole Arbitrator - Hon’ble Mr. Justice Guman Singh, Former Judge, Rajasthan High Court, forthwith for proceeding further in these matters.

¶57

(SUDESH BANSAL),J

¶58

TN/57-61

M/S Rajendra Prasad Bansal v. Union of India, through General Manager

Case brief

What is this about?

What did the court decide?

M/S Rajendra Prasad Bansal v. Union of India, through General Manager

Case brief

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