Dismissed

Udb Anmol Registered Company v. Shri Gyanendra Runthla S/O Late Shri Rameshwar Sharma

Rajasthan HC9 Feb 2024CMA/3073/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed the D.B. Civil Miscellaneous Appeal against an order rejecting an application for interim measure under Section 9 of the Arbitration and Conciliation Act. The Court held that as the dispute related to money and the appellant sought only a refund, no irreparable loss was caused. Consequently, there was no error in the impugned order, and the appeal was found de

What the court decided

AI extract

Udb Anmol Registered Company Vs Shri Gyanendra Runthla S/O… — Arbitration | Rajasthan HC (2024)

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[2024:RJ-JP:6860-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Miscellaneous Appeal No. 3073/2023

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Udb Anmol Registered Company, At- Udb Tower S.b-59 Third Floor, Opposite Nagar Nigam, Jaipur, Tonk Road, Jaipur -302015

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----Appellant

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Versus

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Shri Gyanendra Runthla S/o Late Shri Rameshwar Sharma, Aged About 60 Years, R/o C-78, Shyam Nagar, Near Saboo School Banipark Vistar Yozna, Shastri Nagar, Jaipur- 302016

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Shri Mahendra Kumar Sharma, S/o Late Shri Rameshwar Sharma, R/o C-78, Shyam Nagar Near Saboo School, Banipark Vistar Yozna, Shastri Nagar, Jaipur-302016. Also R/o 1-D, Saraswati Apartment, K.c Road, Chattribari, Guwahati Rehabari, Kamroop, Assam.

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Shri Dharmendra Kumar Sharma, S/o Late Shri Rameshwar Sharma, R/o C-78, Shyam Nagar, Near Saboo School, Banipark Vistar Yozna, Shastri Nagar, Jaipur302016 Also R/o Poultry Farm, Water Tank Road, Sakarpur, Birubari Guwahati Gopalnagar, Kamroop, Assam,

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----Respondents

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For Appellant(s) : Mr. Manvendra Singh Shekhawat For Respondent(s) :

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL

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Order

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09/02/2024

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Appellant has preferred this appeal aggrieved by the order dated 03.07.2023 passed by Commercial Court No.1, Jaipur II, whereby, the application under Section 9 of the Arbitration and Conciliation Act for grant of an interim measure was rejected.

[2024:RJ-JP:6860-DB]

[CMA-3073/2023]

(2 of 3)

Mr. Manvendra Singh Shekhawat, Adv. appearing for the appellant contends that a Development Agreement dated 18.04.2018 was executed between the appellant and the respondents and respondents were required to provide ‘pattas’ and approval.

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The agreement took place in the year 2018 and suddenly, in 2022, a whatsapp message was received by the appellant whereby, the Development Agreement was cancelled by the respondents.

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It is contended that the application under Section 9 of the Arbitration and Conciliation Act ought to have been allowed by the Court as there was no fault on the part of the appellant and respondents are entering into other Development Agreements with other developers.

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We have considered the contentions.

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From perusal of the impugned order, it is revealed that after receipt of the whatsapp message, the appellant did not pray for execution of the Agreement, rather he requested for refund of his amount and interest.

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In the notice sent by the appellant dated 02.11.2022, they had claimed an amount of Rs.57,29,574/- from the respondents in lieu of cancellation of agreement and this amount included the advance amount transferred by the appellant to the respondents and also the amount of expenses incurred by the appellant.

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Be that as it may, the present is a money dispute pertains to money and no irreparable loss has been caused to the appellant. Since the appellant himself had claimed only money after receipt of the WhatsApp message with regard to cancellation of the

[2024:RJ-JP:6860-DB]

[CMA-3073/2023]

(3 of 3)

agreement and not prayed for execution of the Agreement, we do not find any error in the impugned order so as to entertain in the present appeal.

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The appeal being devoid of any merits, is accordingly dismissed.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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PAYAL DHAWAN /6

Udb Anmol Registered Company v. Shri Gyanendra Runthla S/O Late Shri Rameshwar Sharma

Case brief

What is this about?

What the court decided

Udb Anmol Registered Company v. Shri Gyanendra Runthla S/O Late Shri Rameshwar Sharma

Case brief

What is this about?

What the court decided

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