Disposed

Kalptaru Infra Projects Pvt.Ltd. v. Rajasthan State Road Transport Corporation

Rajasthan HC16 Aug 2024CMAP/100/2024

Case brief

AI extract

What is this about?

Miscellaneous application under Sections 29A(4) and 29A(5) of the A&C Act sought extension of the arbitral tribunal's mandate. Following a Supreme Court ruling that such powers lie with the Principal Civil Court under Section 2(1)(e), the High Court allowed transfer of the application to Commercial Court No.1, Jaipur Metropolitan.

What did the court decide?

Application allowed; misc. case with record directed to be transmitted to Commercial Court No.1, Jaipur Metropolitan, Jaipur; parties to appear there on 09.09.2024.

Kalptaru Infra Projects Pvt.Ltd. Vs Rajasthan State Road… — Arbitration | Rajasthan HC (2024)

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[2024:RJ-JP:34870]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Application No. 100/2024

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Kalptaru Infra Projects Pvt.ltd., 201, A Company Incorporated Under The Companies Act, 1956 Having Its Registered Office At Laxmi Complex, Mi Road, Jaipur Through Director Surendra Kumar Bardiya.

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----Petitioner

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Versus

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Rajasthan State Road Transport Corporation, (RSRTC), Head Office At Parivahan Marg, Jaipur Through Secretary.

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Executive Manager(Advertisement), Rajasthan State Road Transport Corporation(Rsrtc), Head Office At Parivahan Marg, Jaipur(Raj.).

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----Respondents

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For Petitioner(s) : Mr. Swadeep Singh Hora For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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16/08/2024

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The present misc. application under Sections 29A(4) and 29A(5) of the Arbitration and Conciliation Act, 1996 (hereinafter for short “the A&C Act”) was filed by applicant on 6^th February, 2024, seeking extension of mandate of the Arbitration Tribunal for a period of one year, to conclude the arbitration proceedings.

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During pendency of the present application, the Hon’ble Supreme Court has delivered a judgment dated 13^th May 2024 in case of Chief Engineer (NH) PWD (Roads) Vs. M/s BSC & C

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and C JV; in Special Leave Petition (C) No.10544/2024 ,

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wherein it has been opined that the powers under Section 29A(4) and 29A(5) of the A&C Act, must be exercised by the Court as

[2024:RJ-JP:34870]

[CMAP-100/2024]

(2 of 3)

defined under Section 2(1)(e) of the A&C Act, i.e. the Principal Civil Court.

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Counsel for petitioner states that proceedings before the arbitration has reached to the stage of final arguments but now in view of the aforesaid judgment of the Apex Court, present application may be heard and decided by the Principal Civil Court only, therefore counsel for the applicant made a limited prayer that the present misc. application along with record may be transferred to the Principal Civil Court i.e. Commercial Court No.1, Jaipur Metropolitan-II, Jaipur for further consideration.

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Having considered the fact that the present misc. application under Sections 29A(4) and 29A(5) of the A&C Act, has been filed before this Court on 06.02.2024 and thereafter, the judgment of the Apex Court in case Chief Engineer (NH) PWD (Roads) ( Supra ) has come, therefore, it would be appropriate that the present application be transferred to Commercial Court No.1, Jaipur Metropolitan, Jaipur for further consideration and to decide the same on merits.

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Counsel for applicant undertakes to provide certified copy/ photocopy of the present misc. application and record, to retain before this Court so that the original application with record may be transmitted to the Commercial Court No.1, Jaipur Metropolitan, Jaipur.

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Accordingly, present misc. application is allowed. Parties are directed to appear before the Commercial Court No.1, Jaipur Metropolitan, Jaipur on 09.09.2024.

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In the meanwhile, Registry is directed to transmit the original file of present misc. application along with record to the

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[CMAP-100/2024]

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Commercial Court No.1, Jaipur Metropolitan, Jaipur, after retaining the copy of the same, to be provided by counsel for applicant.

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The present misc. application, for the statistical purpose, stands disposed of accordingly.

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(SUDESH BANSAL),J

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TN/75

Kalptaru Infra Projects Pvt.Ltd. v. Rajasthan State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

Kalptaru Infra Projects Pvt.Ltd. v. Rajasthan State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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