Allowed

M/S Dev Construction Company v. Union of India

Rajasthan HC20 Sept 2024CMAP/224/2022

Case brief

AI extract

What is this about?

The High Court allowed an application to substitute the sole arbitrator, Hon'ble Mr. Justice P.S. Asopa, due to his ill health. The Court exercised its powers under Sections 11(5) and 11(6) of the Arbitration Act, 1996, and appointed Hon'ble Mr. Justice G.R. Moolchandani as the new arbitrator.

What did the court decide?

Appointment of Hon'ble Mr. Justice G.R. Moolchandani as the sole arbitrator.

M/S Dev Construction Company Vs Union of India — Arbitration | Rajasthan HC (2024)

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[2023/RJJP/012212]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Application No. 224/2022

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M/s Dev Construction Company, (A Partnership Firm), V And P- Shylawas Kala, Bandkikui, District Dausa, Through Its PartnerBhawani Singh Son Of Ishwar Lal, Aged 44 Years.

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----Applicant

¶6

Versus

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Union Of India, Through General Manager, North Western Railway, H.q. Jaipur.

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Senior Divisional Engineer (South), North Western Railway, Jaipur.

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Divisional Railway Manager(Wa)/Jaipur, North-Western Railway, Jaipur.

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----Respondents For Applicant(s) : Mr.Harshit Mittal, Adv. For Respondent(s) : Mr.P.C.Sharma, Adv.

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order

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26/05/2023

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The instant arbitration application has been filed by the applicant-petitioner under Section 14 of the Arbitration and Conciliation Act, 1996 for substitution of the arbitrator – Hon’ble Mr.Justice P.S.Asopa (Former Judge) on account of his ill health.

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Learned counsel for the applicant submitted that the applicant participated in the arbitral proceedings and has also paid fees of Rs.1,40,976/-. Learned counsel submitted that learned Arbitrator heard the matter and subsequently prepared the issues but due to COVID-19 Pandemic, the proceedings could not be taken up by the arbitrator.

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Learned counsel submitted that the Hon’ble Mr.Justice P.S.Asopa (Former Judge) is unfortunately bedridden now and he

[2023/RJJP/012212]

[CMAP-224/2022]

(2 of 2)

is not keeping well and as such he is not able to complete the arbitration proceedings, which were assigned to him by this Court.

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Learned counsel submits that the pleadings were complete, however, this Court is now required to appoint another arbitrator on account of ill health of sole arbitrator Hon’ble Mr.Justice P.S.Asopa (Former Judge).

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Learned counsel for the respondents does not dispute about the ill health of Hon’ble Mr.Justice P.S.Asopa (Former Judge).

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This Court, accordingly finds that the earlier order passed by the Co-ordinate Bench of this Court on 24.01.2020, appointing Hon’ble Mr.Justice P.S.Asopa (Former Judge) as an arbitrator needs to be changed now, in view of the changed circumstances.

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This Court, accordingly, allows the present arbitration application filed by the applicant, while exercising the power conferred under Section 11 (5) read with Section 11(6) of the Act of 1996 and appoints Hon’ble Mr.Justice G.R.Moolchandani (Former Judge of High Court), Plot No.213, Taru Chhaya Nagar, Tonk Road, Jaipur as a 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 4^th Schedule appended to the Act of 1996.

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The intimation of appointment, as aforesaid, may be given by the counsel for the parties as well as by the Registry to Hon’ble Mr.Justice G.R.Moolchandani (Former Judge of High Court), Plot No.213, Taru Chhaya Nagar, Tonk Road, Jaipur.

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(ASHOK KUMAR GAUR), J

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Monika/58

M/S Dev Construction Company v. Union of India

Case brief

What is this about?

What did the court decide?

M/S Dev Construction Company v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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