M/s Raj Enterprises vs M/s Saksham Associates And Others

Vinit Kumar Mathur, J

The present application has been filed by the applicant under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of the Arbitrator

to resolve the dispute which has arisen between the applicant and the respondent Nos.1 and 2 on account of non-payment of the amount due to the

applicant.

This Court after hearing learned counsel for the applicant issued notices to the respondents on 02/08/2021. As per the office report dated 23/09/2021,

notices are reported to be served upon the respondent Nos.1 and 2. Despite service, nobody appeared before this Court on 02/12/2021, therefore, the

matter was adjourned for 09/12/2021 but on 09/12/2021 also, nobody appeared, therefore, the matter was again adjourned for 16/12/2021. But on

16/12/201 again nobody appeared on behalf of the respondents. Thus, the matter was listed today but even today, nobody has appeared for the

respondents, therefore, in these circumstances, this Court has no option but to proceed with the matter.

Heard the counsel and perused the material available on record.

Learned counsel for the applicant submits that the parties entered into an agreement - Annexure-1 and as per the said agreement, there is an

arbitration clause enumerated in Clause 6 which reads as under :-

Arbitration.

Any and all disputes/differences or claims arising under this Agreement or out of or in connection with the execution, interpretation, performance, or

non performance of this Agreement or any or all of the foregoing shall be solely and finally settled by arbitration under the provisions of the Arbitration

and Conciliation Act, 1996. All arbitration proceedings shall be conducted in the English language. Unless the disputing Parties agree upon a sole

arbitrator within 30(Thirty) days of occurrence of any dispute, the sole arbitrator shall be appointed as per the provisions of the Arbitration and

Conciliation Act, 1996 (the “Arbitral Tribunalâ€​)

The dispute arose between the parties and the applicant vide Annexures 3 and 4 made correspondences and, thereafter vide notice dated 29/01/2021,

the money advanced to the respondent Nos.1 and 2 was claimed back. When nothing was heard, a notice for referring the matter/claim of the

applicant to the arbitration was made by the applicant vide Annexure-6 dated 17/02/2021. Since, the arbitrator has not been appointed in the present

case, therefore, this application under Section 11 of the Act of 1996 has been made before this Court.

I have considered the submissions made at the Bar and gone through the documents placed before me. It is an admitted position that there was an

agreement between the applicant and the respondent Nos.1 and 2 â€" Annexures-1 which contains the arbitration clause and since the amount

claimed by the applicant has not been repaid by the respondent Nos.1 and 2, therefore, the dispute arose between the parties, the matter was required

to be referred to the Arbitrator but no arbitrator has been appointed in the matter.

In the circumstances, the application is allowed.

Ms. Pratishtha Dave, Advocate, R/o.House No.104/B Sector-6, Kudi Bhagtasani Housing Board, Opp. Shree Ji Vatika, Jodhpur is appointed as a sole

arbitrator to adjudicate upon the dispute between the parties in terms of arbitration agreement and as per the Rajasthan Manual of Procedure for

Alternative Dispute Resolution, 2009, as amended up to date and also as per the provisions of Arbitration and Conciliation Act.

The record of the case may be transmitted to the Ms.Pratishtha Dave, Advocate.

The above appointment is subject to the necessary disclosure under Section 12 of the Act.

Needles to say that the fees of the arbitrator will be as per Schedule 1V of the Arbitration and Conciliation Act.