Allowed

M/S Buildcon Consultants Pvt. Ltd. v. M/S Serveall Land Developers Pvt. Ltd.

Rajasthan HC5 Jul 2024CRES/266/2017

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the restoration of S.B. Civil Arbitration Application No.117/2014 upon the petitioner undertaking to file process notes and paying a deposit of Rs.1000/- to the Litigants Welfare Fund, with directions to remove filing defects within seven days. The order recalls a previous peremptory order dismissing the petition for default.

What did the court decide?

Arbitration Application No.117/2014 restored; depose Rs.1000/- to LWFA within ten days; remove filing defects within seven days.

M/S Buildcon Consultants Pvt. Ltd. Vs M/S Serveall Land… — Arbitration | Rajasthan HC (2024)

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[2024:RJ-JP:28220]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Restoration Application No. 266/2017

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S.B. Civil Arbitration Application No.117/2014

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M/s Buildcon Consultants Pvt Ltd, S.B. 114(A), Lal Kothi, Tonk Road, Jaipur through Radhakrishan Naiyaar S/o Late Shri Ramakrishna Pillai, Resident of plot No.425, Vardhman Nagar-A, Shyam Nagar Post, Ajmer Road, Jaipur

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----Petitioner

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Versus

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M/s Serveall Land Developers Pvt Ltd, Hotel Marriott Project, JLN Marg, Durgapura Jaipur through Director Harimohan Dangayach

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----Respondent

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For Petitioner(s) : Mr. Umang Gupta For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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05/07/2024

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Instant application has been filed for restoring S.B. Civil Arbitration Application No.117/2014, after recalling peremptory order dated 31.03.2017 passed by the Coordinate Bench and the order dated 16.05.2017 passed by the Registrar (Judicial), dismissing the petition for non compliance of the order dated 31.03.2017.

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Counsel for petitioner undertakes to file PF and notices immediately on restoration of the petition.

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Taking into consideration reasons mentioned in the application and undertaking of counsel for petitioner to file PF and

(2 of 2)

[2024:RJ-JP:28220]

[CRES-266/2017]

notices, this Court is inclined to allow the instant application, subject to deposition of cost.

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Accordingly, the S.B. Civil Arbitration Application No.117/2014 is allowed to be restored to its original number, subject to condition of deposition of a cost of Rs.1000/- with the Litigants Welfare Fund through Cheque/DD in the name of Registrar General LWFA, Rajasthan High Court within a period of ten days. Receipt of deposition of cost amount be placed in the file. Petitioner is directed to remove the defect(s) pointed out by the Office within a period of seven days.

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Accordingly, the instant application is allowed.

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(SUDESH BANSAL),J

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NITIN /392

M/S Buildcon Consultants Pvt. Ltd. v. M/S Serveall Land Developers Pvt. Ltd.

Case brief

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What did the court decide?

M/S Buildcon Consultants Pvt. Ltd. v. M/S Serveall Land Developers Pvt. Ltd.

Case brief

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What did the court decide?

What the court decided

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